Robertson v. Nivens , 75 F. App'x 169 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6318
RONALD LEE ROBERTSON,
Plaintiff - Appellant,
versus
SCOTT NIVENS, Probation & Parole #13; A. M.
COLLINS, Superintendent, Appalachian
Correctional Center; RONALD WUERGLER, Major;
KIM TYREE, Nurse,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-778-7)
Submitted: July 16, 2003 Decided: September 16, 2003
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Ronald Lee Robertson, Appellant Pro Se. Richard Carson Vorhis,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronald Lee Robertson appeals the district court’s judgment
granting summary judgment to the Appellees Nivens, Collins and
Wuergler and dismissing the complaint as to Appellee Tyree. We
have reviewed the record and find no reversible error relating to
the grant of summary judgment. Accordingly, we affirm the grant of
summary judgment for the reasons stated by the district court.
Robertson v. Nivens, No. CA-02-778-7 (W.D. Va. Feb. 6, 2003). As
for the dismissal of the action for failing to properly serve
process on Appellee Tyree, we have reviewed the record and find no
reversible error. We note, however, that dismissal of the action
should have been without prejudice. See Mendez v. Elliot, 45 F.3d
75, 78 (4th Cir. 1995). Accordingly, we affirm the court’s
dismissal of Tyree as modified to reflect dismissal without
prejudice. 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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