Bonilla v. Huffman
Opinion
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Jose D. Bonilla appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2006) civil rights action as frivolous under 28 U.S.C. § 1915A(b)(l) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. * Bonilla v. Huffman, No. 7:09-cv- *474 00342-gec-mfu, 2009 WL 2475070 (W.D.Va. Aug. 12, 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.
In addition to seeking review of the district court's dismissal of his complaint, Bonilla *474 also asserts on appeal that he was not afforded the opportunity to amend the complaint. Generally, a pro se litigant's pleadings should be construed liberally to avoid inequity. See Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). If a pro se complaint contains a potentially cognizable claim, the plaintiff should be given an opportunity to particularize his allegations. See Coleman v. Peyton, 340 F.2d 603, 604 (4th Cir. 1965) (per cu-riam). Because Bonilla's allegations fail to give rise to a potentially cognizable claim under § 1983, the district court did not err in denying Bonilla the opportunity to amend his complaint prior to dismissing it.
Reference
- Full Case Name
- Jose D. BONILLA, Plaintiff-Appellant, v. Larry HUFFMAN, Regional Director; L. Hayden, Officer; W.R. Hensley, Hearing Officer, Defendants-Appellees
- Status
- Unpublished