DICKENS III v. WAKEMED HEALTH HOSPITALS INC (2018)
United States Court of Appeals, Fourth Circuit.
Wellington DICKENS, III, Plaintiff - Appellant, v. WAKEMED HEALTH & HOSPITALS, INC.; Wake County Government, Defendants - Appellees.
Decided: December 26, 2018
Before DIAZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Wellington Dickens, III, Appellant Pro Se.
Wellington Dickens, III, appeals the district court's order accepting the recommendation of the magistrate judge and dismissing Dickens' complaint for failure to state a claim. On appeal, Dickens challenges only the district court's summary review and dismissal of his complaint without a jury trial or even service of summons. However, the district court acted properly and in accord with the dictates of 28 U.S.C. § 1915(e)(2)(B) (2012). See Jones v. Bock, 549 U.S. 199, 214, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007) (describing history of § 1915(e)(2)(B)). Accordingly, we affirm the district court's ruling. 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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