Jaamal Fleming v. Virginia State University; Katrina Walker; Commonwealth of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1364
JAAMAL FLEMING,
Plaintiff - Appellant,
v.
VIRGINIA STATE UNIVERSITY; KATRINA WALKER; COMMONWEALTH OF
VIRGINIA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. M. Hannah Lauck, District
Judge. (3:15-cv-00268-MHL)
Submitted: October 21, 2016 Decided: December 2, 2016
Before NIEMEYER, SHEDD, and HARRIS, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Jaamal Fleming, Appellant Pro Se. Liza Shawn Simmons, Assistant
Attorney General, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jaamal Fleming appeals from the district court’s order
dismissing his civil action for lack of subject matter
jurisdiction on the basis of Eleventh Amendment immunity.
The district court did not reversibly err in concluding that it
lacked subject matter jurisdiction over Fleming’s complaint, and
we reject his arguments on appeal to the contrary. The court’s
dismissal, however, should have been without prejudice.
See S. Walk at Broadlands Homeowner’s Assoc., Inc. v. OpenBand
at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013).
We therefore grant leave to proceed in forma pauperis, modify
the district court’s order to reflect that the dismissal of
Fleming’s complaint for lack of subject matter jurisdiction is
without prejudice, and affirm the dismissal as modified.
See 28 U.S.C. § 2106 (2012); MM ex rel. DM v. Sch. Dist. of
Greenville Cty., 303 F.3d 523, 536 (4th Cir. 2002) (“[W]e are
entitled to affirm the court’s judgment on alternate grounds, if
such grounds are apparent from the record.”).
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

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