MCDANIEL v. NORTH CAROLINA AGRICULTURAL TECHNICAL STATE UNIVERSITY (2019)

Tigress Sydney Acute McDaniel filed in the district court a civil action alleging claims under 42 U.S.C. §§ 1981, 1986 (2012), 20 U.S.C. § 1091 (2012), and 34 C.F.R. § 668.34 (2018), as well as various state law claims. The district court sua sponte dismissed McDaniel’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. To the extent McDaniel asserts that the district court displayed bias against her, we conclude that the allegation is not supported by the record. Accordingly, we affirm for the reasons stated by the district court. See McDaniel v. N.C. Agric. & Tech. State Univ., No. 3:18-cv-00530-RJC-DSC (W.D.N.C. Oct. 15, 2018). We modify the district court’s judgment, though, to reflect that the dismissal be without prejudice because McDaniel was not given an opportunity to respond or amend her 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Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.