Britt v. Fowler ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-7203
    GEORGE MILTON BRITT,
    Plaintiff - Appellant,
    versus
    T. V. FOWLER, Police Officer; JOSEPH D.
    JENKINS, Officer; POLICE DEPARTMENT SECOND
    PRECINCT; VERA J. SANDERS, Commonwealth; K.
    ORSINI, Commonwealth,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (CA-04-679)
    Submitted:   December 13, 2004           Decided:   December 29, 2004
    Before KING, GREGORY, and SHEDD, Circuit Judges.
    Affirmed as modified by unpublished per curiam opinion.
    George Milton Britt, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    George Milton Britt appeals the district court’s order
    denying relief on his 
    42 U.S.C. § 1983
     (2000) complaint under 28
    U.S.C. § 1915A(b) (2000).     We have reviewed the record and find no
    reversible error. We note, however, that the district court should
    have   dismissed   the   action   without   prejudice.   See   Napier    v.
    Preslicka, 
    314 F.3d 528
    , 534 n.3 (11th Cir. 2002). Accordingly, we
    affirm as modified to reflect dismissal without prejudice               See
    Britt v. Fowler, No. CA-04-679 (E.D. Va. July 13, 2004).                 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.
    AFFIRMED AS MODIFIED
    - 2 -
    

Document Info

Docket Number: 04-7203

Filed Date: 12/29/2004

Precedential Status: Non-Precedential

Modified Date: 4/18/2021