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McHam v. North Carolina Mutual Life Insurance

Citation: 250 F. App'x 545Docket: No. 07-1623

Court: Court of Appeals for the Fourth Circuit; October 12, 2007; Federal Appellate Court

Narrative Opinion Summary

Kenneth O. McHam, Sr. appeals a district court order that granted the Appellees’ motion to dismiss his civil rights complaint. Upon reviewing the record and the district court’s order, the appellate court affirms the dismissal for the reasons outlined by the district court in the case McHam v. N.C. Mutual Life Ins. Co., No. l:05-cv-01168-NCT, 2007 WL 1695914 (M.D.N.C. June 11, 2007). The court opted to dispense with oral argument, determining that the facts and legal arguments were sufficiently presented in the existing materials, making further discussion unnecessary. The decision is affirmed.

Legal Issues Addressed

Appellate Review - Affirmation of Lower Court's Ruling

Application: The appellate court affirmed the district court's dismissal of the case without oral argument, finding that the case documents adequately presented the necessary facts and legal arguments.

Reasoning: The court opted to dispense with oral argument, determining that the facts and legal arguments were sufficiently presented in the existing materials, making further discussion unnecessary.

Civil Procedure - Motion to Dismiss

Application: The appellate court upheld the district court's decision to grant the motion to dismiss the civil rights complaint filed by Kenneth O. McHam, Sr., indicating that the district court's reasoning was sound and supported by the record.

Reasoning: Kenneth O. McHam, Sr. appeals a district court order that granted the Appellees’ motion to dismiss his civil rights complaint.