Richard Phillip of the Family Valdez v. Alana Tucker

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 2, 2025
• Docket: 25-1289
• Status: Unpublished

Opinion

USCA4 Appeal: 25-1289 Doc: 8 Filed: 09/02/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1289

RICHARD PHILLIP OF THE FAMILY VALDEZ,

Plaintiff - Appellant,

v.

ALANA TUCKER, through Region 3 IV-D Agency,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:24-cv-00468-AWA-DEM)

Submitted: August 28, 2025 Decided: September 2, 2025

Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Richard Phillip of the Family Valdez, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1289 Doc: 8 Filed: 09/02/2025 Pg: 2 of 2

PER CURIAM:

Richard Phillip of the Family Valdez appeals the district court’s order granting the

defendant’s motion to dismiss and dismissing his pro se 42 U.S.C. § 1983 complaint. We

have reviewed the record and discern no reversible error. Accordingly, we affirm the

district court’s order, Richard Phillip of the Fam. Valdez v. Tucker, No. 2:24-cv-00468-

AWA-DEM (E.D. Va. Feb. 28, 2025), as modified to reflect dismissal without prejudice,

see Pense v. Md. Dep’t of Pub. Safety & Corr. Servs., 926 F.3d 97, 99, 103 (4th Cir. 2019)

(remanding for dismissal without prejudice based on Eleventh Amendment immunity);

King v. Rubenstein, 825 F.3d 206, 225 (4th Cir. 2016) (recognizing that dismissal of pro

se complaint generally should be without prejudice if district court did not give plaintiff

opportunity to amend nor discuss why amendment would be futile). 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