UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6218

BENNIE A. MACK, JR., 

 Plaintiff - Appellant, 

 v. 

WILLIAM L. OSTEEN, JR., in his individual capacity and in 

his official capacity as Federal District Court Judge for 

the Middle District of North Carolina; KAREN L. NENSTEIL, in 

her individual capacity and in her official capacity as a 

former agent for the North Carolina State Bureau of 

Investigation; ROBERT M. HAMILTON, in his individual and in 

his official capacity as an Assistant United States 

Attorney; JOSEPH M. WILSON, JR., in his individual capacity 

and in his official capacity as a practicing attorney and 

partner in the Law Firm of “Merritt Flebotte Wilson Webb & 

Carusso PLLC; PAUL TREVOR SHARP, in his individual capacity 

and in his official capacity as a Federal Magistrate Judge 

for the Middle District of North Carolina; JUDGE WALLACE W. 

DIXON, in his individual capacity and in his official 

capacity as a Federal Magistrate Judge for the Middle 

District of North Carolina; ERIC H. HOLDER, JR., in his 

individual capacity and in his official capacity as United 

States Attorney General; ANNA MILLS WAGONER, in her 

individual capacity and in her official capacity as United 

States Attorney for the Middle District of North Carolina; 

FRANK J. CHUT, JR., in his individual capacity and in his 

official capacity as Assistant United States Attorney for 

the Middle District of North Carolina; ROBIN PENDERGRAFT, in 

her individual capacity and in her official capacity as 

Director of the North Carolina State Bureau of 

Investigation; NC ATTORNEY GENERAL ROY COOPER, in his 

individual capacity and in his official capacity as North 

Carolina Attorney General; KEVIN SNEAD, in his individual 

capacity and in his official capacity as an agent for the 

North Carolina State Bureau of Investigation, 

 Defendants - Appellees. 
Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. N. Carlton Tilley, 

Jr., Senior District Judge. (1:08-cv-00776-NCT-RAE) 

Submitted: April 23, 2009 Decided: May 5, 2009 

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Bennie A. Mack, Jr., Appellant Pro Se. Anthony Paul Giorno, 

Assistant United States Attorney, Roanoke, Virginia, Gill Paul 

Beck, Sr., Robert Michael Hamilton, Assistant United States 

Attorneys, Greensboro, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. 

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PER CURIAM: 

Bennie A. Mack, Jr., appeals the district court’s 

order accepting the recommendation of the magistrate judge and 

dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. 

§ 1915A(b) (2006). We have reviewed the record and find that 

this appeal is frivolous. Accordingly, we dismiss the appeal 

for the reasons stated by the district court. Mack v. Osteen, 

No. 1:08-cv-00776-NCT-RAE (M.D.N.C. Jan. 30, 2009). We dispense 

with oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process. 

DISMISSED