Arthur Hairston, Sr. v. Eric Holder, Jr., No. 13-7907 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7907 ARTHUR LEE HAIRSTON, SR., Plaintiff Appellant, v. ERIC H. HOLDER, JR., Attorney General; CHARLES SAMUELS, Director F.B.O.P.; HARRELL WATTS, National Inmate Appeals; C. EICHENLAUB, Regional Director; ERIC WILSON, Warden; KATHERINE LAYBOURN, Dr.; PAUL KELLY, Case Manager Coordinator; ANGELA TOMLINSON, Camp Unit Manager, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:13-cv-00682-TSE-IDD) Submitted: April 24, 2014 Decided: May 22, 2014 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion. Arthur Lee Hairston, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arthur Lee Hairston, Sr., appeals from the district court s prejudice for failure to state a claim under 28 U.S.C. § 1915A (2012). We have order reviewed dismissing the his complaint, complaint as well with as Hairston s informal brief and the district court record, and we conclude that the dismissal was proper. 1:13-cv-00682-TSE-IDD (E.D. See Va. Hairston Nov. 7, v. Holder, 2013). No. However, we modify the district court s order to show that the dismissal was without dispense prejudice with contentions are to oral Hairston s argument adequately refiling because presented in his the the complaint. facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED AS MODIFIED 2

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