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No. 10607151
United States Court of Appeals for the Fourth Circuit
Philip Emiabata v. David Warren
No. 10607151 · Decided June 16, 2025
No. 10607151·Fourth Circuit · 2025·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Fourth Circuit
Decided
June 16, 2025
Citation
No. 10607151
Disposition
See opinion text.
Full Opinion
USCA4 Appeal: 25-1059 Doc: 8 Filed: 06/16/2025 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1059
PHILIP EMIABATA; SYLVIA EMIABATA,
Plaintiffs - Appellants,
v.
DAVID M. WARREN, U.S. Bankruptcy Judge, individually and in his official
capacity as U.S. Bankruptcy Judge,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:24-cv-00245-FL)
Submitted: June 12, 2025 Decided: June 16, 2025
Before HARRIS and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Philip Emiabata and Sylvia N. Emiabata, Appellants Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 25-1059 Doc: 8 Filed: 06/16/2025 Pg: 2 of 2
PER CURIAM:
Philip and Sylvia Emiabata appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing under 28 U.S.C. § 1915(e)(2)(B)
the Emiabatas’ complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and find no
reversible error. Accordingly, we affirm the district court’s order. Emiabata v. Warren,
No. 5:24-cv-00245-FL (E.D.N.C. Nov. 25, 2024). We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED
2
Plain English Summary
USCA4 Appeal: 25-1059 Doc: 8 Filed: 06/16/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
Key Points
01USCA4 Appeal: 25-1059 Doc: 8 Filed: 06/16/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
0225-1059 PHILIP EMIABATA; SYLVIA EMIABATA, Plaintiffs - Appellants, v.
03Bankruptcy Judge, individually and in his official capacity as U.S.
04(5:24-cv-00245-FL) Submitted: June 12, 2025 Decided: June 16, 2025 Before HARRIS and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Frequently Asked Questions
USCA4 Appeal: 25-1059 Doc: 8 Filed: 06/16/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
FlawCheck shows no negative treatment for Philip Emiabata v. David Warren in the current circuit citation data.
This case was decided on June 16, 2025.
Use the citation No. 10607151 and verify it against the official reporter before filing.