Jonathan James Newell v. Roy Cooper

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6453
JONATHAN JAMES NEWELL,
Plaintiff - Appellant,
v.
ROY COOPER, in his official capacity as Governor of The State of North Carolina
and for his official capacity as Attorney General of The State of North Carolina,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:20-ct-03059-D)
Submitted: July 1, 2022 Decided: July 12, 2022
Before MOTZ, THACKER and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan James Newell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan James Newell appeals the district court’s orders dismissing without
prejudice his 42 U.S.C. § 1983 complaint and denying his motions for reconsideration and
to recuse the district court judge.* We have reviewed the record and find no reversible
error. Accordingly, we affirm the district court’s orders and amended judgment. Newell
v. Cooper, No. 5:20-ct-03059-D (E.D.N.C. Nov. 19, 2020; Jan. 11, 2021; Mar. 24, 2021).
We deny Newell’s petition for an initial hearing en banc. 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
* The district court’s dismissal without prejudice is a final, appealable order because
Newell “elect[ed] to stand on the complaint” in its insufficient form, Bing v. Brivo Sys.,
LLC, 959 F.3d 605, 611 (4th Cir. 2020), and the district court dismissed not just the
complaint, but the entire action, and ordered the clerk to close the case, id. at 610-12.

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