FELIX v. DARE COUNTY SHERIFF DEPARTMENT NC NC (2021)

Daniel Felix appeals the district court's order dismissing his civil action for lack of personal jurisdiction and for failure to state a claim. We have reviewed the record and find no reversible error. The court's dismissal for lack of personal jurisdiction, however, should have been without prejudice. See S. Walk at Broadlands Homeowner's Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013). We therefore modify that portion of the district court's order to reflect that the dismissal is without prejudice and affirm that dismissal as modified. See 28 U.S.C. § 2106; MM ex rel. DM v. Sch. Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002) (“[W]e are entitled to affirm the court's judgment on alternate grounds, if such grounds are apparent from the record.”). We affirm the remainder of the district court's dismissal for the reasons stated by the district court. Felix v. Dare Cnty. Sheriff's Dep't, No. 2:19-cv-00030-BR, 2020 WL 1809156 (E.D.N.C. Apr. 8, 2020). 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 IN PART, AFFIRMED IN PART

PER CURIAM:

Affirmed as modified in part and affirmed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.