No. 11-6707.

681 F.3d 538 (2012)

Jonathan Leigh HENSLEE, Plaintiff-Appellant, v. Alvin KELLER, Jr.; Keith Whitener, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 5, 2012.

Attorney(s) appearing for the Case

ARGUED: George C. Chipev , Georgetown University Law Center, Washington, D.C., for Appellant. Joseph Finarelli , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Steven H. Goldblatt , Director, Doug Keller , Supervising Attorney, Nilam Sanghvi , Supervising Attorney, Marion M. Read , Student Counsel, Georgetown University Law Center, Washington, D.C., for Appellant.

Motion granted by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge KING joined.


GREGORY, Circuit Judge:

Jonathan Leigh Henslee, an inmate currently incarcerated in the North Carolina Department of Correction at Alexander Correctional Institute ("AXCI"), appeals the district court's dismissal of his complaint for failure to state a claim on which relief can be granted. Henslee moved to proceed in forma pauperis ("IFP") on appeal, despite the fact that the district court's dismissal of the underlying claim was Henslee's...

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