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Peamon v. Gradet

Citation: 491 F. App'x 427Docket: No. 12-1998

Court: Court of Appeals for the Fourth Circuit; December 25, 2012; Federal Appellate Court

Narrative Opinion Summary

Richard Peamon's appeal regarding the district court’s denial of his 42 U.S.C. § 1988 complaint, which claimed an error in the docketing of his state court action, has been dismissed. The court also denied his motion under Fed.R.Civ.P. 59(e) to alter or amend the judgment. After reviewing the record, the court found no reversible error, resulting in the denial of leave to proceed in forma pauperis and the dismissal of the appeal. The case, Peamon v. Gradet, No. 1:12-cv-01241-WDQ, was decided without oral argument as the existing materials sufficiently addressed the issues at hand. The prior error in the docketing has been corrected.

Legal Issues Addressed

Correction of Docketing Error

Application: The error in the docketing of Peamon's state court action was corrected prior to the appellate decision.

Reasoning: The prior error in the docketing has been corrected.

Denial of Motion to Alter or Amend Judgment under Fed.R.Civ.P. 59(e)

Application: Peamon's motion to alter or amend the judgment was denied as part of the district court's original decision.

Reasoning: The court also denied his motion under Fed.R.Civ.P. 59(e) to alter or amend the judgment.

Dismissal of Appeal for Lack of Reversible Error

Application: The appellate court dismissed Richard Peamon's appeal after determining there was no reversible error in the district court's decision.

Reasoning: After reviewing the record, the court found no reversible error, resulting in the denial of leave to proceed in forma pauperis and the dismissal of the appeal.

Sufficiency of Record for Appellate Review

Application: The appellate court determined that oral argument was unnecessary because the existing materials adequately addressed the issues.

Reasoning: The case, Peamon v. Gradet, No. 1:12-cv-01241-WDQ, was decided without oral argument as the existing materials sufficiently addressed the issues at hand.