Tracey Terrell Grady v. D. Rogers, f/k/a FNU Rogers, Captain at Union County Jail

22-6643Court of Appeals for the Fourth CircuitDec 17, 2022

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6643
TRACEY TERRELL GRADY,
Plaintiff - Appellant,
v.
D. ROGERS, f/k/a FNU Rogers, Captain at Union County Jail; J. DENNIS, f/k/a FNU
Dennis, Lieutenant at Union County Jail; B. W. PURSER, f/k/a FNU Purser, Sergeant at
Union County Jail, Individual Capacity; C. A. EUBANKS, f/k/a C. Eubanks, Officer at
Union County Jail, Individual Capacity; D. BURNS, f/k/a FNU Burns, Officer at Union
County Jail, Individual Capacity; K. MARTIN, f/k/a FNU Morton, Corporal at Union
County Jail; H. W. YOUNTS, f/k/a FNU Younths; FNU HAMILTON, Officer at Union
County Jail, Individual Capacity; J. PHILEMON, f/k/a FNU Philimon, Sergeant at Union
County Jail, Individual Capacity; EDDIE CATHEY, Sheriff of Union County; MEGAN
KIMBALL, Sergeant at Union County Jail, Individual Capacity; J. R. STRICKLAND,
Officer at Union County Jail, Individual Capacity; Z. R. PANEK, Officer at Union County
Jail, Individual Capacity; V. L. ADCOCK, Sergeant at Union County Jail, Individual
Capacity; C. MCSHEEHAN, Officer at Union County Jail, Individual Capacity; A.
KNOX, Officer at Union County Jail, Individual Capacity; FNU GROOMS, Officer at
Union County Jail, Individual Capacity; D. RUCKER, Officer at Union County Jail,
Individual Capacity; T. KNOTTS, Officer at Union County Jail, Individual Capacity; FNU
KEZIAH, Officer at Union County Jail, Individual Capacity; D. ORLANDO, Officer at
Union County Jail, Individual Capacity; C. T. KIKER, Officer at Union County Jail,
Individual Capacity,
Defendants - Appellees,
and
FNU HODGESON, Officer at Union County Jail; FNU BOITNOT, Sergeant at Union
County Jail; FNU GREENLEY, Head Nurse at Union County Jail,
Defendants.

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Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Martin K. Reidinger, Chief District Judge. (3:20-cv-00601-MR)
Submitted: December 15, 2022 Decided: December 19, 2022
Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tracey Terrell Grady, Appellant Pro Se. Donald Brandon Christian, Monroe, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tracey Terrell Grady, a North Carolina inmate, appeals the district court’s order
dismissing without prejudice Grady’s 42 U.S.C. § 1983 civil rights action after the court
exercised its discretion to revoke Grady’s authorization to proceed in forma pauperis (IFP).
Upon review, we discern no abuse of discretion in the district court’s ruling. See Blakely v.
Wards, 738 F.3d 607, 612 (4th Cir. 2013) (en banc) (observing this court’s agreement with
the principle that lower courts have the “authority to deny IFP status to a prisoner who has
abused the privilege” of proceeding IFP (internal quotation marks omitted)). Accordingly,
we affirm the appealed-from order for the reasons stated by the district court. Grady v.
Rogers, No. 3:20-cv-00601-MR (W.D.N.C. May 18, 2022). We deny Grady’s motion to
stay this appeal and deny as moot Grady’s motion for additional time to supplement his
informal brief. 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

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