Ozie L. Hall, Jr. v. Matthew L. Liles, individually

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1011
OZIE L. HALL, JR.,
Plaintiff - Appellant,
v.
MATTHEW L. LILES, individually and as Assistant Attorney General of the State
of North Carolina; JAMES STEVEN BASS, individually and as Assistant State
Auditor of the State of North Carolina; ALEXENDRA S. SCHAUSS, individually
and as Director of the Division of School Business, N.C. Department of Public
Instruction; LEIGH ANN KERR, individually and as Assistant Director of the
Division of School Business, N.C. Department of Public Instruction; EUGENE
THOMAS BRUTON, individually and as Staff Accountant in the Division of School
Business, N.C. Department of Public Instruction,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:23-cv-00220-BO-BM)
Submitted: April 16, 2025 Decided: May 6, 2025
Before GREGORY and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Ozie L. Hall, Jr., Appellant Pro Se. Tamika Lynn Henderson, Assistant Attorney General,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

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Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ozie L. Hall, Jr., appeals the district court’s order dismissing his 42 U.S.C. § 1983
complaint. Although our review of the record has revealed no reversible error, we conclude
that the claims against the defendants in their official capacities should have been dismissed
without prejudice because, as the district court correctly found, these claims are barred by
the Eleventh Amendment. See McHugh v. Ill. Dep’t of Transp., 55 F.4th 529, 534 n.2 (7th
Cir. 2022) (“A federal court cannot enter judgment on the merits when Eleventh
Amendment immunity applies.”); see also Singleton v. Md. Tech. & Dev. Corp., 103 F.4th
1042, 1046-47, 1052 (4th Cir. 2024) (affirming dismissal without prejudice based on
Eleventh Amendment immunity).
Accordingly, we affirm the district court’s order as modified to reflect that the
official-capacity claims are dismissed without prejudice. Hall v. Liles, No. 5:23-cv-00220-
BO-BM (E.D.N.C. Dec. 20, 2023). 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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