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Sharpe v. National Railroad

United States Court of Appeals, Fourth Circuit
Sep 20, 2007
241 F. App'x 997 (4th Cir. 2007)

Opinion

No. 07-1079.

Submitted: September 12, 2007.

Decided: September 20, 2007.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (7:06-cv-00057-FL).

John R. Ates, Albo Obion, LLP, Arlington, Virginia; A.L. Butler Daniel, Anderson, Daniel Associates, Wrightsville Beach, North Carolina, for Appellant. Gerald T. Ford, Jerry A. Cuomo, Dennis M. Moore, Landman Corsi Ballaine Ford, P.C., Washington, D.C., for Appellee.

Before WILKINSON and MOTZ, Circuit Judges, and WILKINS, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Robert Sharpe appeals the district court's order dismissing his discrimination complaint for failure to state a claim. A court should not dismiss a complaint for failure to state a claim unless, after accepting as true the factual allegations of the challenged complaint and drawing all inferences in favor of the plaintiff, it appears beyond doubt that the plaintiff can prove no set of facts that would entitle him to relief. Lambeth v. Board of Comm'rs of Davidson County, 407 F.3d 266, 268 (4th Cir.), cert. denied, 546 U.S. 1015, 126 S.Ct. 647, 163 L.Ed.2d 525 (2005). We find no reversible error. Accordingly, we affirm for the reasons stated in the district court's order. See Sharpe v. Nat'l R.R. Passenger Corp., No. 7:06-cv-00057-FL (E.D.N.C. Dec. 28, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.


Summaries of

Sharpe v. National Railroad

United States Court of Appeals, Fourth Circuit
Sep 20, 2007
241 F. App'x 997 (4th Cir. 2007)
Case details for

Sharpe v. National Railroad

Case Details

Full title:Robert SHARPE, Plaintiff — Appellant, v. NATIONAL RAILROAD PASSENGER…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 20, 2007

Citations

241 F. App'x 997 (4th Cir. 2007)