Stephen Lee v. Tracy Modlin, No. 23-1087 (4th Cir. 2023)

Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-1087 STEPHEN E. LEE, Plaintiff - Appellant, v. TRACY MODLIN, Supervisor HUD/VASH Housing; BRANDON PIPPENS, VA Hud VASH Case Worker; CRAIG COOKE, Assistant Chief Hud VASH Housing; JOHN CLOW, Chief HUD VASH Housing; MORRIS RICKS, Patient Advocate/Consumer Relations; ANTHONY GIBSON, Supervisor/Consumer Relations; DET. DARNELL DAVIS, VAMC; RASHEED SAVAGE, Program Mgr/Helping Up Mission; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Deborah Lynn Boardman, District Judge. (1:21-cv-01609-DLB) Submitted: May 23, 2023 Before AGEE, WYNN, and QUATTLEBAUM, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Stephen E. Lee, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: May 26, 2023 PER CURIAM: Stephen E. Lee appeals the district court’s orders dismissing his claims against Defendants for lack of jurisdiction and denying Lee’s motions for appointment of counsel. We have reviewed the record and discern no reversible error. Accordingly, we affirm the district court’s dismissal orders, Lee v. Savage, No. 1:21-cv-01609-DLB (D. Md. filed Apr. 25, 2022 & entered Apr. 26, 2022; Dec. 27, 2022), as modified to reflect that the dismissal of Lee’s claims is without prejudice, see S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) (“A dismissal for lack of . . . subject matter jurisdiction . . . must be one without prejudice, because a court that lacks jurisdiction has no power to adjudicate and dispose of a claim on the merits.”). 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.