Azazel Outlaw v. Gregg Hershberger
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-01257-RDB. Copies to all parties and the district court/agency. . Mailed to: Azazel Outlaw. [15-6899]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
AZAZEL AUSAR N’ZINGA OUTLAW, a/k/a Rodney Andrew McNeil,
Plaintiff – Appellant,
GREGG L. HERSHBERGER, Secretary for the
Public Safety and Correctional Services,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
October 28, 2015
November 10, 2015
Before GREGORY, AGEE, and THACKER, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Azazel Ausar N’Zinga Outlaw, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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dismissing his 42 U.S.C. § 1983 (2012) action for failure to
district court’s order also stated that the dismissal should
Appellant contends that he should have been permitted to amend
We hold that Appellant was not entitled to amend
his complaint before dismissal.
The district court did not specify whether the complaint
stated that the dismissal would count as a strike, we conclude
that the dismissal was with prejudice.
See United States v.
McClean, 566 F.3d 391, 396-97 (4th Cir. 2009) (dismissal without
prejudice for failure to state a claim does not count as a
We note that dismissals under §
be without prejudice, see Nagy v. FMC Butner, 376 F.3d 252, 258
modifying it to show that the dismissal is without prejudice and
does not count as a strike.
We dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before this court and argument would not aid
the decisional process.
AFFIRMED AS MODIFIED
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