AYERS v. CRAFT (2019)

Lee M. Ayers seeks to appeal the district court's order dismissing without prejudice his claims pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (2012),^* and granting summary judgment to the defendants on his claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record and find no reversible error. Although Ayers disputes the facts adopted by the district court, the court is not required to credit a factual account that is “blatantly contradicted by the record.” Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Accordingly, we affirm for the reasons stated by the district court. Ayers v. Craft, No. 5:17-ct-03070-BO (E.D.N.C. Sept. 12, 2018). We deny Ayers’ motion to appoint counsel and 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

FOOTNOTES

FOOTNOTE.   We conclude that the dismissal without prejudice is final and appealable. See Goode v. Cent. Va. Legal Aid Soc'y, Inc., 807 F.3d 619, 623 (4th Cir. 2015).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.