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WOLFE v. HERRING (2021)

United States Court of Appeals, Fourth Circuit.2021-09-13No. No. 21-1516

Authorities cited

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Opinion

John Michael Wolfe appeals the district courts order dismissing his 42 U.S.C. § 1983 complaint for lack of subject matter jurisdiction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court.

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Wolfe v. Herring, No. 1:20-cv-00189-LO-JFA (E.D. Va. Mar. 30, 2021). 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

FOOTNOTES

FOOTNOTE

.   Because the district courts dismissal was for lack of subject matter jurisdiction, we modify the district courts order to clarify that the dismissal is without prejudice. See S. Walk at Broadlands Homeowners Assn v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) (“A dismissal for ․ [a] 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.”). PER CURIAM:

Affirmed as modified by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.