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25-2099•Brittany M. Tomlinson v. ROSES DISCOUNT STORES; VARIETY WHOLESALERS, INC.; C. GILL FRAZIER, Vice President
25-2099Court of Appeals for the Fourth CircuitApr 16, 2026
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-2099
BRITTANY M. TOMLINSON,
Plaintiff - Appellant,
v.
ROSES DISCOUNT STORES; VARIETY WHOLESALERS, INC.; C. GILL
FRAZIER, Vice President,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:24-cv-00696-M-BM)
Submitted: March 26, 2026 Decided: April 16, 2026
Before RICHARDSON and BERNER, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brittany M. Tomlinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Brittany M. Tomlinson appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice Tomlinson’s
civil complaint for lack of subject matter jurisdiction. Tomlinson also moves to amend or
correct her complaint. We have reviewed the record and discern no reversible error.
Accordingly, we deny Tomlinson’s motion to amend and affirm the district court’s order.
Tomlinson v. Roses Disc. Stores, No. 5:24-cv-00696-M-BM (E.D.N.C. Sep. 11, 2025). 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
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