Omeako Brisbon v. Laticia Owens ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7037
OMEAKO L. BRISBON,
Plaintiff - Appellant,
v.
LATICIA OWENS, Head Nurse; MARY LOCKLEAR, Assistant
Superintendent; BRAD PERRITT, Superintendent,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (5:14-ct-03282-H)
Submitted: November 23, 2015 Decided: December 31, 2015
Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Omeako L. Brisbon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Omeako L. Brisbon appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint under 28 U.S.C.
§ 1915A(b)(1) (2012). We have reviewed the record and find no
reversible error. However, under the circumstances of this
case, we conclude that the district court should have dismissed
Brisbon’s complaint without prejudice. Accordingly, we affirm
the dismissal order, with the modification that the dismissal is
without prejudice. See Brisbon v. Owens, No. 5:14-ct-03282-H
(E.D.N.C. June 24, 2015). 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 AS MODIFIED
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