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Reinaldo OLAVARRIA, Plaintiff - Appellant, v. Roy COOPER, Governor; Barbara Gibson, Director of North Carolina Human Resources; Mark Martin, Chief Justice; Charlton A. Allen, Chair of the North Carolina Industrial Commission; Zachary Padget; Rana Badwin, in her Official Capacity; Alexander Walton, in his Official Capacity; Erika Frazier, in her Official Capacity; Mandy Cohen, NCDHHS Secretary, Defendants - Appellees, State of North Carolina, Defendant.
Reinaldo Olavarria appeals the district court's order granting Defendants’ postremand motions to dismiss Olavarria's civil claims against the State of North Carolina and several public officials.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Olavarria v. Cooper, No. 5:17-cv-00590-D, 2020 WL 1892952 (E.D.N.C. Apr. 16, 2020). 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
FOOTNOTES
FOOTNOTE. We previously remanded this matter to the district court for further consideration in light of Fort Bend Cnty., Tx. v. Davis, ––– U.S. ––––, 139 S. Ct. 1843, 204 L.Ed.2d 116 (2019). See Olavarria v. Cooper, 776 F. App'x 128 (4th Cir. 2019) (No. 19-1536). Defendants filed new motions to dismiss on remand and the district court granted the motions, in part, and dismissed the action without prejudice. Although the district court's dismissal was without prejudice, we have jurisdiction over this appeal. See Bing v. Brivo Sys., LLC, 959 F.3d 605, 615 (4th Cir. 2020).
PER CURIAM:
Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
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Docket No: No. 20-1526
Decided: October 02, 2020
Court: United States Court of Appeals, Fourth Circuit.
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