BEY v. SOCIAL SECURITY ADMINISTRATION (2019)

Erick Javier Santos Bey appeals the district court's order dismissing his civil complaint against the Social Security Administration (“SSA”) for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). Although the district court addressed the merits of Bey's claims, we conclude that the SSA is entitled to sovereign immunity. See FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994). Thus, we affirm the district court's order as modified to reflect that the dismissal is without prejudice for lack of subject matter jurisdiction. See Cunningham v. Gen. Dynamics Info. Tech., Inc., 888 F.3d 640, 649 (4th Cir.), cert. denied, ––– U.S. ––––, 139 S.Ct. 417, 202 L.Ed.2d 315 (2018); S. Walk at Broadlands Homeowner's Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013). 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Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.