WOMACK v. OXLEY (2019)

Carl Womack filed in the district court a civil action alleging claims under 42 U.S.C. § 1983 (2012) and 18 U.S.C. § 242 (2012). The district court sua sponte dismissed Womack’s complaint, which was filed in forma pauperis, for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Womack v. Oxley, No. 1:18-cv-00266-MR-DLH, 2018 WL 4682346 (W.D.N.C. Sept. 28, 2018). We modify the district court’s judgment, though, to reflect that the dismissal be without prejudice because Womack was not given an opportunity to respond or amend his complaint before the court’s sua sponte dismissal. See Thomas v. Salvation Army S. Terr., 841 F.3d 632, 642 (4th Cir. 2016). 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

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.