4th Circuit Daily Opinions

Tracy Howard v. United Airlines - Civil Complaint Affirmation

The Fourth Circuit Court of Appeals affirmed a district court's decision to dismiss a civil complaint filed by Tracy Howard against United Airlines. The unpublished opinion stated that the complaint failed to state a claim upon which relief could be granted. The court denied the appellant's motions to supplement the record.

US v. Robert Stencil - Affirmation of Recusal Denial, Dismissal of Appeal

The Fourth Circuit Court of Appeals affirmed in part and dismissed in part the appeal of Robert Leslie Stencil. The court dismissed the appeal concerning the denial of Stencil's motions due to a late filing of the notice of appeal, while affirming the denial of his motion for recusal.

Marian Shearin v. United States - Civil Action Affirmance

The Fourth Circuit Court of Appeals affirmed a district court's dismissal of Marian Shearin's civil action for lack of subject matter jurisdiction. The appellate court modified the lower court's order to explicitly state the dismissal was without prejudice.

Tiffany Locus v. Zachariah Ross - Appeal of Dismissal

The Fourth Circuit Court of Appeals affirmed a district court's dismissal of Tiffany Locus's case for lack of jurisdiction. The court found that Locus failed to challenge the basis for the dismissal in her informal brief, thereby forfeiting appellate review.

Petition for Writ of Mandamus Denied

The Fourth Circuit Court of Appeals denied a petition for a writ of mandamus filed by Ubong Christopher Ubokudom. The petition sought to compel the district court to appoint counsel for his daughter and rule on pending motions for injunctive relief. The court found no undue delay or entitlement to mandamus relief.

Dodson v. Lutheran Village - Affirmation of Summary Judgment Ruling

The Fourth Circuit Court of Appeals affirmed a lower court's ruling in Dodson v. Lutheran Village, granting summary judgment to the defendant on claims of religious discrimination and failure to accommodate. The unpublished opinion means the ruling does not set precedent.

US v. Malcolm Moore - Affirmation of Sentence

The Fourth Circuit affirmed the sentence of Malcolm Moore, who was convicted of being a felon in possession of a firearm. The court found that Moore's prior conviction for assault with a deadly weapon qualified as a crime of violence, supporting the sentencing enhancements applied by the district court.

Davis v. Goodwin - Civil Complaint Dismissal

The Fourth Circuit Court of Appeals affirmed a district court's decision to dismiss a civil complaint filed by William Hercules Davis, Jr. The dismissal was based on the complaint's failure to state a claim upon which relief could be granted under 28 U.S.C. § 1915(e)(2)(B). This unpublished opinion does not set precedent.

US v. David Starkey - Affirmation of Felon in Possession Conviction

The Fourth Circuit Court of Appeals affirmed the conviction of David Allen Starkey for being a felon in possession of a firearm. The court found no error in the district court's denial of Starkey's motion to dismiss the indictment on Second Amendment grounds and affirmed the sentence imposed.

US v. Simpson - Affirmation of Wire Fraud Conviction

The Fourth Circuit Court of Appeals affirmed the conviction of William Simpson, II, for wire fraud related to defrauding the United States of over one million dollars in COVID-19 relief funds. The court found the sentence of 36 months imprisonment to be procedurally and substantively reasonable.