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Phoenix v. Herring

United States Court of Appeals, Fourth Circuit
Sep 1, 2023
No. 23-6549 (4th Cir. Sep. 1, 2023)

Opinion

23-6549

09-01-2023

DANIEL W. PHOENIX, a/k/a Daniel W. Jamison, Plaintiff - Appellant, v. MARK HERRING, Former Attorney General of Virginia, individual capacity; RICHARD VORHIS, Senior Assistant Attorney General, Criminal Justice Division of VA, individual capacity; STACIE A. SESSOMS, Assistant Attorney General of VA, individual capacity, Defendants - Appellees.

Daniel W. Phoenix, Appellant Pro Se.


UNPUBLISHED

Submitted: August 29, 2023

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:22-cv-00360-MHL-MRC)

Daniel W. Phoenix, Appellant Pro Se.

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Daniel W. Phoenix appeals the district court's order dismissing his 42 U.S.C. § 1983 complaint as frivolous under 28 U.S.C. § 1915A(b). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. Jamison v. Herring, No. 3:22-cv-00360-MHL-MRC (E.D. Va. May 25, 2023). 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

Because we affirm the district court's frivolousness finding, we need not reach the court's alternative determination that Phoenix's action was malicious.


Summaries of

Phoenix v. Herring

United States Court of Appeals, Fourth Circuit
Sep 1, 2023
No. 23-6549 (4th Cir. Sep. 1, 2023)
Case details for

Phoenix v. Herring

Case Details

Full title:DANIEL W. PHOENIX, a/k/a Daniel W. Jamison, Plaintiff - Appellant, v. MARK…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 1, 2023

Citations

No. 23-6549 (4th Cir. Sep. 1, 2023)

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