Omeako Brisbon v. Laticia Owen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-ct-03282-H. Copies to all parties and the district court. [999728091]. Mailed to: Omeako Brisbon. [15-7037]

Appeal: 15-7037

Doc: 10

Filed: 12/31/2015

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UNPUBLISHED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Affirmed as modified by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7037

Doc: 10

Filed: 12/31/2015

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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

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