Filed: Jun. 25, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1276 KIMBERLY STROUD, Plaintiff - Appellant, v. MECKLENBURG COUNTY SHERIFF’S OFFICE; NICOLE HAILEY, Sergeant, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:17-cv-00204-GCM) Submitted: June 21, 2018 Decided: June 25, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1276 KIMBERLY STROUD, Plaintiff - Appellant, v. MECKLENBURG COUNTY SHERIFF’S OFFICE; NICOLE HAILEY, Sergeant, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:17-cv-00204-GCM) Submitted: June 21, 2018 Decided: June 25, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1276
KIMBERLY STROUD,
Plaintiff - Appellant,
v.
MECKLENBURG COUNTY SHERIFF’S OFFICE; NICOLE HAILEY, Sergeant,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Graham C. Mullen, Senior District Judge. (3:17-cv-00204-GCM)
Submitted: June 21, 2018 Decided: June 25, 2018
Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Kimberly Stroud, Appellant Pro Se. Sean Francis Perrin, WOMBLE BOND DICKINSON
(US) LLP, Charlotte, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kimberly Stroud appeals the district court’s order dismissing her complaint. She
contends that the district court should have allowed her leave to amend her complaint to
add Mecklenburg County as a defendant. However, Stroud did not ask for leave to amend
in the district court, and we do not consider issues raised for the first time on appeal. See
In re Under Seal,
749 F.3d 276, 285 (4th Cir. 2014). Because Stroud’s informal brief does
not otherwise challenge the basis for the district court’s disposition, Stroud has forfeited
appellate review of the court’s order. See Jackson v. Lightsey,
775 F.3d 170, 177 (4th Cir.
2014) (“The informal brief is an important document; under Fourth Circuit rules, our
review is limited to issues preserved in that brief.”). We note, however, that because the
district court dismissed Stroud’s claim against Defendant Nicole Hailey for lack of subject-
matter jurisdiction, the dismissal of this claim should have been without prejudice. See S.
Walk at Broadlands Homeowner’s Ass’n v. OpenBand at Broadlands, LLC,
713 F.3d 175,
185 (4th Cir. 2013). We thus modify the judgment to reflect that the dismissal of the claim
against Hailey is without prejudice.
Accordingly, we affirm as modified the judgment of the district court. 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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