UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7037

OMEAKO L. BRISBON,

Plaintiff - Appellant,

v.

LATICIA OWENS, Head Nurse; MARY LOCKLEAR, Assistant Superintendent; BRAD PERRITT, Superintendent,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:14-ct-03282-H)

Submitted: November 23, 2015 Decided: December 31, 2015

Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Omeako L. Brisbon, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Omeako L. Brisbon appeals the district court’s order

dismissing his

(2012) complaint under 28 U.S.C.

§ 1915A(b)(1) (2012). We have reviewed the record and find no

reversible error. However, under the circumstances of this

case, we conclude that the district court should have dismissed

Brisbon’s complaint without prejudice. Accordingly, we affirm

the dismissal order, with the modification that the dismissal is

without prejudice. See Brisbon v. Owens, No. 5:14-ct-03282-H

(E.D.N.C. June 24, 2015). 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

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