Opinion
No. 18-6333
07-24-2018
ANTHONY FRED MARTIN, Plaintiff - Appellant, v. SUSAN DUFFY, Defendant - Appellee.
Anthony Fred Martin, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the District of South Carolina, at Florence. David C. Norton, District Judge. (4:18-cv-00317-DCN) Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony Fred Martin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Anthony Fred Martin appeals the district court's order accepting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. § 1983 (2012) complaint on the ground that his due process claim is duplicative of that filed in a different case, and, in the alternative, fails to state a claim. We agree with the district court that Martin's allegations—allegations that are nearly identical to those that we have previously rejected—are insufficient to state a claim, and therefore affirm the district court's judgment. Martin v. Duffy, 858 F.3d 239, 252-54 (4th Cir. 2017), cert. denied, 138 S. Ct. 738 (2018); see Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED