Background
Osiris Xthirteen filed a pro se amended complaint under 42 U.S.C. § 1983 against Riverside Regional Jail, Central State Hospital, and Petersburg General District Court. The opinion does not describe the complaint’s factual allegations or specify the constitutional violations Xthirteen asserted.
The U.S. District Court for the Eastern District of Virginia dismissed the amended complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1), provisions governing preliminary review and dismissal of certain complaints filed by indigent litigants and prisoners. Xthirteen appealed and also filed motions that remained pending before the Fourth Circuit.
The Court’s Holding
The Fourth Circuit affirmed the dismissal in an unpublished per curiam opinion. After reviewing the record, the panel concluded that the district court had committed no reversible error and affirmed its April 23, 2026 order.
The court also denied all of Xthirteen’s pending motions. It decided the appeal without oral argument because the written materials adequately presented the facts and legal contentions and argument would not assist the decisional process.
Key Takeaways
- The Fourth Circuit left intact the screening-stage dismissal of Xthirteen’s amended Section 1983 complaint.
- The panel identified no reversible error but did not provide additional analysis of the complaint’s allegations or the district court’s reasoning.
- The decision is unpublished and therefore is not binding precedent in the Fourth Circuit.
Why It Matters
The decision illustrates the limited treatment an appellate court may give a pro se appeal when its review reveals no reversible error in a statutory screening dismissal. Because the opinion offers no substantive discussion of the claims and is unpublished, its value as guidance for future litigants is limited.