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FITZGERALD v. VIRGINIA COMMONWEALTH TB 3123 2799 4324 4325 (2018)

United States Court of Appeals, Fourth Circuit.

Daniel W. FITZGERALD, The United States, Ex Relatione Daniel Wayne, Sui Juris, Plaintiff-Appellant, v. VIRGINIA COMMONWEALTH; Frank Buttery, a Person; Justin Michael Weineke, a Person; Thomas William Gow, a Person; Lawrence D. Black, a Person; Michael L. Chapman, a Person; Maj. Mike Manning, a Person; Jim Plowman, a Person; Jason Grace, a Person; Deputy TB Nelson 3123, a Person; Deputy M. Lotz 2799, a Person; Edwin C. Roessler, a Person; Stacey A. Kincaid, a Person; Dean S. Worcester, a Person; Richard Banks, a Person; Gary Clemmens, a Person; Fernando Galinda, a Person; Officer Manzano 4324, A Person; Tammy Hummer-Dinterman, a Person; Fairfax County Police Officer Chung, a Person; Fairfax County Police Officer Bailey, a Person; Officer Sorto 4325, a Person; Deborah C. Welsh, a Person; Jeanette A. Irby, a Person; Claude J. Beheler, a Person; Jeffrey Mangeno, a Person, Defendants-Appellees.

No. 18-2007

Decided: December 20, 2018

Before AGEE, THACKER, and HARRIS, Circuit Judges.

Daniel W. Fitzgerald, Appellant pro se. Daniel Francis Izzo, Law Offices of Mark R. Dycio, P.C., Fairfax, Virginia, for Appellee Jeffrey Mangeno.

Daniel W. Fitzgerald appeals the district court's order dismissing his complaint for failure to state a claim and as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. Fitzgerald v. Virginia, No. 1:18-cv-00758-AJT-TCB (E.D. Va. Aug. 23, 2018). 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.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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FITZGERALD v. VIRGINIA COMMONWEALTH TB 3123 2799 4324 4325 (2018)

Docket No: No. 18-2007

Decided: December 20, 2018

Court: United States Court of Appeals, Fourth Circuit.

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