Brittany Tomlinson v. Roses Discount Stores

USCA4 Appeal: 25-2099 Doc: 7 Filed: 04/16/2026 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-2099

BRITTANY M. TOMLINSON, Plaintiff - Appellant, v. ROSES DISCOUNT STORES; VARIETY WHOLESALERS, INC.; C. GILL FRAZIER, Vice President, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:24-cv-00696-M-BM)

Submitted: March 26, 2026 Decided: April 16, 2026

Before RICHARDSON and BERNER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brittany M. Tomlinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 25-2099 Doc: 7 Filed: 04/16/2026 Pg: 2 of 2

PER CURIAM: Brittany M. Tomlinson appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice Tomlinson’s civil complaint for lack of subject matter jurisdiction. Tomlinson also moves to amend or correct her complaint. We have reviewed the record and discern no reversible error.

Accordingly, we deny Tomlinson’s motion to amend and affirm the district court’s order.

Tomlinson v. Roses Disc. Stores, No. 5:24-cv-00696-M-BM (E.D.N.C. Sep. 11, 2025). 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