Miller v. State of North Carolina Department , 22 F. App'x 150 ( 2001 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 01-7153
    DAVID HENRY MILLER,
    Plaintiff - Appellant,
    versus
    STATE   OF  NORTH     CAROLINA   DEPARTMENT   OF
    CORRECTION,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CA-01-214-5-BO)
    Submitted:   November 8, 2001           Decided:     November 16, 2001
    Before WILKINS, MICHAEL, and KING, Circuit Judges.
    Affirmed as modified by unpublished per curiam opinion.
    David Henry Miller, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    David Henry Miller appeals the district court’s order dis-
    missing his 
    42 U.S.C.A. § 1983
     (West Supp. 2001) complaint for his
    failure to sufficiently particularize it.    We have reviewed the
    record and the district court’s order.   We affirm the order on the
    reasoning of the district court but modify it to provide that the
    dismissal of Miller’s complaint is without prejudice.    Miller v.
    North Carolina Dep’t of Corr., No. CA-01-214-5-BO (E.D.N.C. June
    11, 2001).    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 AS MODIFIED
    2
    

Document Info

Docket Number: 01-7153

Citation Numbers: 22 F. App'x 150

Judges: King, Michael, Per Curiam, Wilkins

Filed Date: 11/16/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023