Sadler v. Tilley, No. 06-1054 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1054 ZARA ELLIS SADLER, PhD, Plaintiff - Appellant, versus BARBARA CLAIRE TILLEY, PhD, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:05-cv-03234-DCN) Submitted: March 29, 2006 Decided: April 11, 2006 Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Zara Ellis Sadler, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Zara Ellis Sadler appeals the district court s order denying relief on her complaint pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. ยงยง 2000e - 2000e-17 (2000), and denying her motion to amend her complaint. After a thorough review of the record, we conclude that the district court should have permitted Sadler to amend her complaint as a matter of right under Federal Rule of Civil pleading had been filed. Procedure 15(a) because no responsive Thus, even though Sadler sought leave to amend, she actually did not need to do so. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1068 n.1 (4th Cir. 1993); Smith v. Blackledge, 451 F.2d 1201, 1202-03 (4th Cir. 1971). We therefore vacate the district court s order dismissing Sadler s action and denying Sadler s motion to amend her complaint, and we remand the case for further proceedings consistent with this opinion. 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. VACATED AND REMANDED - 2 -

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