Changeflow GovPing Courts & Legal Tomlinson v. Roses Discount Stores - Affirmed
Routine Enforcement Amended Final

Tomlinson v. Roses Discount Stores - Affirmed

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Summary

The Fourth Circuit affirmed the district court's dismissal without prejudice of Brittany M. Tomlinson's civil complaint for lack of subject matter jurisdiction. The appellate court denied Tomlinson's motion to amend or correct her complaint and affirmed the lower court's order. The ruling was issued per curiam without oral argument.

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What changed

The Fourth Circuit affirmed the district court's dismissal without prejudice of Tomlinson's civil complaint, which had been dismissed for lack of subject matter jurisdiction. The appellate court also denied Tomlinson's pending motion to amend or correct her complaint.

Pro se litigants filing civil complaints in federal court should ensure their complaints clearly establish federal subject matter jurisdiction to avoid dismissal. Defendants in civil actions benefit from this ruling affirming procedural dismissal standards for jurisdictional deficiencies.

Archived snapshot

Apr 17, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-2099

BRITTANY M. TOMLINSON, Plaintiff - Appellant,

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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.

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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Last updated

Classification

Agency
4th Circuit
Filed
April 16th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
No. 25-2099
Docket
5:24-cv-00696-M-BM

Who this affects

Applies to
Consumers Legal professionals
Industry sector
4411 Retail Trade
Activity scope
Civil litigation Federal court procedure Jurisdictional challenges
Geographic scope
United States US

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Civil Rights Consumer Protection

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