Opinion
21-1155
07-22-2021
SIDNEY B. HARR, Plaintiff - Appellant, v. WRAL-5 NEWS; JAMES F. GOODMON, Defendants - Appellees.
Sidney B. Harr, Appellant Pro Se. Carolyn Amanda Martin, STEVENS MARTIN VAUGHN &TADYCH, PLLC, Raleigh, North Carolina, for Appellees.
UNPUBLISHED
Submitted: July 20, 2021
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-cv-00362-M)
Sidney B. Harr, Appellant Pro Se.
Carolyn Amanda Martin, STEVENS MARTIN VAUGHN &TADYCH, PLLC, Raleigh, North Carolina, for Appellees.
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sidney B. Harr appeals the district court's order granting Defendants' motion to dismiss Harr's complaint alleging federal civil rights violations and state libel and defamation claims.[*] We have reviewed the record and found no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Harr v. WRAL-5 News, No. 5:20-cv-00362-M (W.D. N.C. Jan. 14, 2021). 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. [*] Although the district court dismissed Harr's complaint without prejudice to allow Harr to refile if he believed his claims could be restated, Harr's appeal to this court amounts to a waiver of his right to amend, thereby providing the court with jurisdiction over the appeal. See Bing v. Brivo Sys., LLC, 959 F.3d 605, 612 (4th Cir. 2020), cert. denied, 141 S.Ct. 1376 (2021).