Anthony Braxton v. Mrs. Erica Boggess ( 2023 )


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  • USCA4 Appeal: 22-1989      Doc: 19         Filed: 12/19/2023     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-1989
    ANTHONY BRAXTON,
    Plaintiff - Appellant,
    v.
    MRS. ERICA BOGGESS,
    Defendant - Appellee.
    Appeal from the United States District Court for the Southern District of West Virginia, at
    Charleston. Irene C. Berger, District Judge. (2:22-cv-00246)
    Submitted: November 13, 2023                                Decided: December 19, 2023
    Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit
    Judge.
    Affirmed as modified by unpublished per curiam opinion.
    Anthony James Braxton, Appellant Pro Se. Michael Matthew Fisher, JACKSON KELLY
    PLLC, Charleston, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-1989         Doc: 19      Filed: 12/19/2023     Pg: 2 of 2
    PER CURIAM:
    Anthony Braxton appeals the district court’s order accepting the recommendation
    of the magistrate judge and dismissing his complaint for lack of subject-matter jurisdiction
    under Fed. R. Civ. P. 12(h)(3). We have reviewed the record and find no reversible error.
    Accordingly, we deny Braxton’s pending motions and affirm the district court’s order, see
    Braxton v. Boggess, No. 2:22-cv-00246 (S.D.W. Va. Aug. 23, 2022; Aug. 11, 2022), but
    we modify the dismissal to be without prejudice, see Ali v. Hogan, 
    26 F.4th 587
    , 600 (4th
    Cir. 2022). 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
    2
    

Document Info

Docket Number: 22-1989

Filed Date: 12/19/2023

Precedential Status: Non-Precedential

Modified Date: 12/20/2023