U.S. Court of Appeals for the Fourth Circuit, 2009

Salih El Bey v. Mueller

Salih El Bey v. Mueller
U.S. Court of Appeals for the Fourth Circuit · Decided November 20, 2009 · Wilkinson, Michael, King
352 F. App'x 859

Salih El Bey v. Mueller

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sakima Iban Salih El Bey appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his civil complaint, which sought a declaratory judgment as a national of the United States pursuant to 8 U.S.C. § 1503(a) (2006) and 28 U.S.C. § 2201(a) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order on the ground that El Bey failed to show that he “claims a right or privilege as a national of the United States and [was] denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States.” 8 U.S.C. § 1503(a); see El Bey v. Mueller, No. 3:09-cv-01216-SB (D.S.C. Aug. 12, 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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