David Henry Miller v. State of North Carolina Department of Correction

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7153
DAVID HENRY MILLER,
Plaintiff - Appellant,
versus
STATE OF NORTH CAROLINA DEPARTMENT OF
CORRECTION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-01-214-5-BO)
Submitted: November 8, 2001 Decided: November 16, 2001
Before WILKINS, MICHAEL, and KING, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
David Henry Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
David Henry Miller appeals the district court’s order dis-
missing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint for his
failure to sufficiently particularize it. We have reviewed the
record and the district court’s order. We affirm the order on the
reasoning of the district court but modify it to provide that the
dismissal of Miller’s complaint is without prejudice. Miller v.
North Carolina Dep’t of Corr., No. CA-01-214-5-BO (E.D.N.C. June
11, 2001). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED

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