NORTON v. COLUMBUS COUNTY DEPARTMENT OF SOCIAL SERVICES (2018)

Calvin Tyrone Norton appeals the district court's order dismissing his civil action as barred by the Rooker-Feldman ^* doctrine. We have reviewed the record and find no error in the district court's conclusion that it lacked subject matter jurisdiction over Norton's action. See Thana v. Bd. of License Comm'rs for Charles Cty., Md., 827 F.3d 314, 319-20 (4th Cir. 2016); Davani v. Va. Dep't of Transp., 434 F.3d 712, 719 (4th Cir. 2006). However, a dismissal for lack of subject matter jurisdiction should be one without prejudice. S. Walk at Broadlands Homeowner's Assoc., Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013). Accordingly, we modify the district court's order to reflect that the dismissal is without prejudice and affirm as modified for the reasons stated by the district court. Norton v. Columbus Cty. Dep't of Soc. Servs., No. 7:17-cv-00171-BR (E.D.N.C. Mar. 9, 2018); see also 28 U.S.C. § 2106 (2012). 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

FOOTNOTES

FOOTNOTE.   Dist. of Columbia Ct. of App. v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fid. Tr. Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.