John Scott Hudson v. Fredrick Shaw

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6391
JOHN SCOTT HUDSON,
Plaintiff - Appellant,
v.
FREDRICK SHAW,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:22-ct-03313-BO-RJ)
Submitted: December 1, 2025 Decided: December 18, 2025
Before GREGORY and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
John Scott Hudson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Scott Hudson appeals the district court’s order dismissing his 42 U.S.C. § 1983
complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). We have reviewed the record and find no
reversible error in the district court’s conclusion that Hudson failed to state plausible
deliberate indifference and retaliation claims. See Hodges v. Meletis, 109 F.4th 252, 259
(4th Cir. 2024) (describing standard for dismissal under § 1915(e)(2)(B)(ii)). Accordingly,
we modify the district court’s order, Hudson v. Shaw, No. 5:22-ct-03313-BO-RJ (E.D.N.C.
Mar. 28, 2023), to reflect dismissal of Hudson’s complaint without prejudice, see King v.
Rubenstein, 825 F.3d 206, 225 (4th Cir. 2016), and affirm the order as modified, see
28 U.S.C. § 2106. 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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