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TINSLEY v. SCOTT COMPANY (2021)

United States Court of Appeals, Fourth Circuit.2021-05-27No. No. 20-2326

Authorities cited

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Opinion

Eric Lang Tinsley appeals the district courts order dismissing his amended complaint without prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). We have reviewed the record and find no reversible error.

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Accordingly, we affirm for the reasons stated by the district court. Tinsley v. Scotts Co., No. 3:20-cv-00697-JAG (E.D. Va. Nov. 5, 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

.   Although the district court dismissed Tinsleys amended complaint without prejudice, we conclude that the district courts order is final and appealable. See Bing v. Brivo Sys., LLC, 959 F.3d 605, 610-12 (4th Cir. 2020), cert. denied, ––– U.S. ––––, 141 S. Ct. 1376, 209 L.Ed.2d 122 (2021) (discussing factors this court considers in determining whether order is final and appealable). PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.