Murphy-Barber v. Murray ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6247
BETTY JEAN MURPHY-BARBER,
Plaintiff - Appellant,
versus
J. J. MURRAY, Camp Administrator; PATRICIA
PEOPLES; WARDEN HADDEN; BUREAU OF PRISONS,
Agency of the Department of Justice,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, District
Judge. (CA-95-1030-BR)
Submitted: June 20, 1996 Decided: July 1, 1996
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Betty Jean Murphy-Barber, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order dismissing
her civil rights action as frivolous under 28 U.S.C. § 1915(d)
(1988). In her complaint, Appellant alleged a discriminatory and
retaliatory institutional transfer, deliberate indifference to
serious medical needs, denial of access to courts, and denial of
the right to have prejudicial erroneous information removed from
her prison file. The district court properly dismissed the claims
against Patricia Peoples and Bureau of Prisons because they are not
persons subject to suit under Bivens v. Six Unknown Named Agents of
Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
The district court dismissed the remaining claims as frivolous
under § 1915(d), based on Appellant's failure to allege certain
facts or to support her claims with evidence. Because Appellant
may be able to particularize her complaint to state non-frivolous
claims arising from the events described in the complaint, see
Coleman v. Peyton, 340 F.2d 603, 604 (4th Cir. 1965), we modify the
district court's order to reflect that the dismissal is without
prejudice and affirm that disposition. 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
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