Omeako Brisbon v. Laticia Owens, No. 15-7037 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7037 OMEAKO L. BRISBON, Plaintiff - Appellant, v. LATICIA OWENS, Head Nurse; MARY LOCKLEAR, Superintendent; BRAD PERRITT, Superintendent, Assistant Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:14-ct-03282-H) Submitted: November 23, 2015 Decided: December 31, 2015 Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion. Omeako L. Brisbon, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Omeako L. Brisbon appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint under 28 U.S.C. § 1915A(b)(1) (2012). reversible error. We have reviewed the record and find no However, under the circumstances of this case, we conclude that the district court should have dismissed Brisbon’s complaint without prejudice. Accordingly, we affirm the dismissal order, with the modification that the dismissal is without prejudice. See Brisbon v. Owens, No. 5:14-ct-03282-H (E.D.N.C. 2015). June 24, 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

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