Veronica McCallup appeals the district courts order dismissing with prejudice her civil action, in which she sought recovery for the alleged wrongful death of her brother. Although we discern no reversible error, we conclude that the district court lacked subject matter jurisdiction over this action. Specifically, because the court permitted McCallup to proceed only in her individual capacity, she lacked standing to recover for her brothers death. See Johnston Meml Hosp. v. Bazemore, 277 Va. 308, 672 S.E.2d 858, 860 (2009) (“A wrongful death action is not an action personal to the personal representative.” (internal quotation marks omitted)).
Accordingly, we grant leave to proceed in forma pauperis and affirm the district courts order as modified to reflect a dismissal without prejudice. See S. Walk at Broadlands Homeowners Assn, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) (“A dismissal for ․ any ․ defect in subject matter jurisdiction ․ must be one without prejudice, because a court that lacks jurisdiction has no power to adjudicate and dispose of a claim on the merits.”). In addition, we deny McCallups motions for a transcript at government expense, for judicial notice, and for sanctions. 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
PER CURIAM:
Affirmed as modified by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.