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  • Auston v. State of NC, 4th Cir. (1998)

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    Gene Auston filed a lawsuit against the state of North Carolina in federal district court. The district court dismissed the case for lack of subject matter jurisdiction. Auston appealed the dismissal. The appeals court reviewed the case and affirmed the district court's ruling, finding no errors in the lower court's reasoning. The appeals court also denied Auston's motion to strike attachments from his informal brief and did not hold oral arguments, as the facts and legal issues were clearly presented in the case materials.

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    Filed: 1998-09-17 Precedential Status: Non-Precedential Docket: 97-2707

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    Gene Auston filed a lawsuit against the state of North Carolina in federal district court. The district court dismissed the case for lack of subject matter jurisdiction. Auston appealed the dismissal. The appeals court reviewed the case and affirmed the district court's ruling, finding no errors in the lower court's reasoning. The appeals court also denied Auston's motion to strike attachments from his informal brief and did not hold oral arguments, as the facts and legal issues were clearly presented in the case materials.

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    Auston v. State of NC, 4th Cir. (1998)

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    Scribd Government Docs
    Gene Auston filed a lawsuit against the state of North Carolina in federal district court. The district court dismissed the case for lack of subject matter jurisdiction. Auston appealed the dismissal. The appeals court reviewed the case and affirmed the district court's ruling, finding no errors in the lower court's reasoning. The appeals court also denied Auston's motion to strike attachments from his informal brief and did not hold oral arguments, as the facts and legal issues were clearly presented in the case materials.

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    dari 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-2707

    GENE M. AUSTON, IV, Captain (Retired),


    Plaintiff - Appellant,
    versus
    STATE OF NORTH CAROLINA,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-97-616-5-BR)

    Submitted:

    July 2, 1998

    Decided:

    September 17, 1998

    Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.


    Gene M. Auston, IV, Appellant Pro Se. Gerald Kevin Robbins, OFFICE
    OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals the district courts order dismissing this
    case for lack of subject matter jurisdiction. We have reviewed the
    record and the district courts opinion and find no reversible
    error. Accordingly, we affirm on the reasoning of the district
    court. Auston v. North Carolina, No. CA-97-616-5-BR (E.D.N.C. Nov.
    6, 1997). We deny the motion to strike attachments to the informal
    brief and 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.

    AFFIRMED

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