Unpublished opinions are not binding precedent in this circuit.

Reginald D. Evans appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing his civil action for failure to state a claim. We concluded that the district court correctly determined that Evans’ sole claim, that Sumter County’s tax sale violated his due process rights, is barred from consideration by the Tax Injunction Act, 28 U.S.C; § 1341 (2012), and the related comity doctrine. See Lawyer v. Hilton Head Pub. Serv. Dist. No. 1, 220 F.3d 298, 302-05 (4th Cir. 2000). Accordingly, we affirm the district court’s dismissal of Evans’ complaint. But because the court lacked jurisdiction to consider Evans’ claim, * we vacate the district court’s judgment to the extent that the dismissal was with prejudice, and remand with instructions to dismiss the case without prejudice. 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 IN PART, VACATED IN PART, AND REMANDED