Opinion
No. 18-2298
01-24-2019
CARL WOMACK, Plaintiff - Appellant, v. MERRIMON OXLEY, Guardian of the Estate/Lawyer, Defendant - Appellee.
Carl Womack, Appellant Pro Se. Ann-Patton Hornthal, ROBERTS & STEVENS, PA, Asheville, North Carolina, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:18-cv-00266-MR-DLH) Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Carl Womack, Appellant Pro Se. Ann-Patton Hornthal, ROBERTS & STEVENS, PA, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Carl Womack filed in the district court a civil action alleging claims under 42 U.S.C. § 1983 (2012) and 18 U.S.C. § 242 (2012). The district court sua sponte dismissed Womack's complaint, which was filed in forma pauperis, for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Womack v. Oxley, No. 1:18-cv-00266-MR-DLH (W.D.N.C. Sept. 28, 2018). We modify the district court's judgment, though, to reflect that the dismissal be without prejudice because Womack was not given an opportunity to respond or amend his complaint before the court's sua sponte dismissal. See Thomas v. Salvation Army S. Terr., 841 F.3d 632, 642 (4th Cir. 2016). 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 AS MODIFIED