Jenkins v. South Carolina Department of Employment Workforce
March 26, 2026·25-2469·Per Curiam·By Aisha Johnson
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a pro se employment discrimination complaint without prejudice. The appellate court found no reversible error in the lower court's decision to dismiss the action under the in forma pauperis statute.
Background
Clarence B. Jenkins, Jr., proceeding pro se, appealed a district court order that accepted a magistrate judge’s recommendation to dismiss his employment-related action without prejudice and without issuance of process. The dismissal was based on the court’s authority under the in forma pauperis statute.
The court’s reasoning
The court reviewed the record and found no reversible error in the district court’s order. The opinion notes that the order is final and appealable because the district court did not grant Jenkins leave to amend his complaint.
What it means going forward
The dismissal without prejudice allows the plaintiff to potentially refile the complaint if they can meet the statutory requirements, but the current appeal is resolved against the appellant.
