Opinion
24-1041
08-29-2024
TAMMY GALLOP SHARP, Plaintiff - Appellant, v. CITY OF ELIZABETH CITY, c/o Montre Freeman, City Manager, Defendant-Appellee.
Tammy Gallop Sharp, Appellant Pro Se. John D. Leidy, HORNTHAL, RILEY, ELLIS &MALAND, LLP, Elizabeth City, North Carolina, for Appellee.
UNPUBLISHED
Submitted: August 27, 2024
Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Louise W. Flanagan, District Judge. (2:23-cv-00052-FL)
Tammy Gallop Sharp, Appellant Pro Se.
John D. Leidy, HORNTHAL, RILEY, ELLIS &MALAND, LLP, Elizabeth City, North Carolina, for Appellee.
Before KING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Tammy Gallop Sharp appeals the district court's order granting Defendant's Fed.R.Civ.P. 12(b)(1) motion and dismissing, without prejudice, Sharp's civil complaint for lack of subject matter jurisdiction. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order.[*] Sharp v. City of Elizabeth City, No. 2:23-cv-00052-FL (E.D. N.C. Dec. 29, 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
[*] If Sharp wishes to file an amended complaint, she must first seek vacatur of the district court's judgment by filing a Fed.R.Civ.P. 60(b) motion in the district court. See Britt v. DeJoy, 45 F.4th 790, 796 (4th Cir. 2022).