Fox v. Federal Bureau Prisons, (4th Cir. 2004)
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CORRECTED OPINION
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-6907 CLARENCE T. FOX, JR.; GERALDINE C. FOX, Plaintiffs - Appellants, versus
FEDERAL BUREAU OF PRISONS; HARLEY G. LAPPIN;
JIM RALPH; STEPHEN M. DEWALT; LAURENE SHARPE,
Case Manager; GRETCHEN ROBINSON; PHILLIP
CLARK, Defendants - Appellees. Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
District Judge. (CA-04-152-5-H)
Submitted: October 14, 2004 Decided: October 20, 2004 Corrected Opinion Filed: November 4, 2004 Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Clarence T. Fox, Jr., Geraldine C. Fox, Appellants Pro Se. Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
- 2 - PER CURIAM: Geraldine and Clarence Fox appeal the district courtÂ’s orders dismissing their civil rights suit as frivolous and denying
their motion for reconsideration. We have reviewed the record and
find no reversible error. Accordingly, as to Clarence Fox, we
affirm for the reasons stated by the district court. See
Fox v. Federal Bureau of Prisons
, No. CA-04-152-5-H (E.D.N.C. Mar. 31 & May 27, 2004). As to Geraldine Fox, we agree that her claim is frivolous for the reasons stated by the district court; however, we
affirm the dismissal of her claim as modified to reflect that the
dismissal should have been under 28 U.S.C. § 1915(e)(2)(B)(ii)
(2000). We deny Geraldine FoxÂ’s motion to proceed in forma
pauperis. 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
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