# Jerome Brown v. District of Columbia

> Court of Appeals for the Fourth Circuit · March 28, 2014 · 563 F. App'x 238

URL: https://www.frixlaw.com/law-library/cases/2658490

## Case

- **Full name:** Jerome J. BROWN, Plaintiff-Appellant, v. DISTRICT OF COLUMBIA; Vincent C. Gray, Mayor, Defendants-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** March 28, 2014
- **Citations:** 563 F. App'x 238
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Shedd, Agee
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED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Affirmed as modified by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2658490. Public record. Not legal advice.