Tigress McDaniel v. Charlotte Mecklenburg Black Political Caucus ( 2023 )


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  • USCA4 Appeal: 23-1051      Doc: 9         Filed: 05/23/2023     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-1051
    TIGRESS MCDANIEL,
    Plaintiff - Appellant,
    v.
    CHARLOTTE MECKLENBURG BLACK                           POLITICAL       CAUCUS     OF
    CHARLOTTE; MEKO CHOSEN; DOES,
    Defendants - Appellees.
    Appeal from the United States District Court for the Western District of North Carolina, at
    Charlotte. David Shepardson Cayer, Magistrate Judge. (3:22-cv-00236-MOC-DSC)
    Submitted: May 18, 2023                                              Decided: May 23, 2023
    Before NIEMEYER, RICHARDSON, and RUSHING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Tigress Sydney Acute McDaniel, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-1051      Doc: 9         Filed: 05/23/2023     Pg: 2 of 2
    PER CURIAM:
    Tigress McDaniel appeals the magistrate judge’s postjudgment text order denying
    McDaniel’s as-construed motion to amend her previously dismissed complaint. We
    discern no abuse of discretion in the magistrate judge’s ruling, given that McDaniel did not
    proffer the proposed amended complaint or otherwise address how she would remedy the
    previously identified jurisdictional defects. See Willner v. Dimon, 
    849 F.3d 93
    , 114 (4th
    Cir. 2017) (“Where, as here, the plaintiff fails to formally move to amend and fails to
    provide the district court with any proposed amended complaint or other indication of the
    amendments [s]he wishes to make, the district court does not abuse its discretion in denying
    leave to amend.” (brackets omitted)). Accordingly, we affirm the appealed-from order.
    McDaniel v. Charlotte Mecklenburg Black Pol. Caucus of Charlotte, No. 3:22-cv-00236-
    MOC-DSC (W.D.N.C. Jan. 4, 2023). 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
    2
    

Document Info

Docket Number: 23-1051

Filed Date: 5/23/2023

Precedential Status: Non-Precedential

Modified Date: 5/24/2023