Leon Johnson v. T. GREEN, Assistant Warden Sussex 1 State Prison

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6941
LEON JOHNSON,
Plaintiff - Appellant,
v.
T. GREEN, Assistant Warden Sussex 1 State Prison; K. MCCOY, Warden of Sussex
1 State Prison,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Rossie David Alston, Jr., District Judge. (1:23-cv-00185-RDA-IDD)
Submitted: February 27, 2025 Decided: March 4, 2025
Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Affirmed as modified by unpublished per curiam opinion.
Leon Jermaine Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Leon Jermaine Johnson1 appeals the district court’s order granting summary
judgment in favor of Defendants in her 42 U.S.C. § 1983 action and denying her motion to
appoint counsel.2 The district court granted summary judgment to Defendants and
dismissed Johnson’s claims against Defendants for failure to exhaust her administrative
remedies. We have reviewed the record and find no reversible error. Because a dismissal
for failure to exhaust should be without prejudice, we modify the district court’s order to
reflect dismissal of Johnson’s claims against Defendants without prejudice, and we affirm
the order as modified. See Moss v. Harwood, 19 F.4th 614, 623 n.3 (4th Cir. 2021). 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
1 Johnson is transgender and refers to herself using feminine pronouns. We do so
also.
2 The district court also denied Johnson’s motion to amend judgment and motion
for declaration for entry of default. Because Johnson does not challenge in her informal
brief either of those orders, she has forfeited appellate review of them. See 4th Cir. R.
34(b).

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