The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2408
JEROME J. BROWN,
Plaintiff - Appellant,
v.
DISTRICT OF COLUMBIA; VINCENT C. GRAY, Mayor,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:13-cv-01365-LMB-TRJ)
Submitted: March 6, 2014 Decided: March 28, 2014
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Jerome Julius Brown, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerome J. Brown appeals the district court’s order
dismissing his civil complaint with prejudice for lack of
subject matter jurisdiction, improper venue, and failure to
state a claim upon which relief can be granted. We have
reviewed the record and agree that the district court lacked
subject matter jurisdiction. However, the district court should
have dismissed the complaint without prejudice. See S. Walk at
Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands,
LLC, 713 F.3d 175, 185 & n.4 (4th Cir. 2013). We therefore
modify the district court’s dismissal order to reflect that the
dismissal is without prejudice, and we affirm the dismissal as
modified. See 28 U.S.C. § 2106 (2012); MM ex rel. DM v. Sch.
Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002).
We grant Brown leave to proceed in forma pauperis. 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
2