Opinion
24-6404
11-18-2024
RUSSELL GORDON VICKERY, Petitioner-Appellant, v. TIMOTHY M. CAIN, Respondent - Appellee.
Russell Gordon Vickery, Petitioner.
UNPUBLISHED
Submitted: November 14, 2024
Appeal from the United States District Court for the District of South Carolina, at Aiken. Donald C. Coggins, Jr., District Judge. (1:24-cv-01165-DCC)
Russell Gordon Vickery, Petitioner.
Before THACKER and HARRIS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Russell Gordon Vickery appeals the district court's order accepting the recommendation of the magistrate judge and dismissing without prejudice his petition for a writ of mandamus as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B).[*] We have reviewed the record and discern no reversible error. Accordingly, we affirm the district court's order and deny as unnecessary Vickery's request for a certificate of appealability. Vickery v. Cain, No. 1:24-cv-01165-DCC (D.S.C. Apr. 16, 2024). 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
[*]The district court's order of dismissal without prejudice is a final, appealable order because the court did not grant Vickery leave to amend. See Britt v. DeJoy, 45 F.4th 790, 796 (4th Cir. 2022) (en banc).