U.S. Court of Appeals for the Fourth Circuit, 2015

Donovan v. United States Environmental Protection Agency

Donovan v. United States Environmental Protection Agency
U.S. Court of Appeals for the Fourth Circuit · Decided December 21, 2015 · Diaz, Harris, Hamilton
625 F. App'x 215

Donovan v. United States Environmental Protection Agency

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Yan Donovan appeals the district court’s order dismissing her complaint for lack of subject matter jurisdiction. See Fed. R.Civ.P. 12(b)(1). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Donovan v. U.S. Envtl Prot. Agency, No. l:15-cv-00178-TSE-MSN (E.D.Va. filed June 26, 2015 & entered June 29, 2015). However, we affirm as modified to reflect that the dismissal is without prejudice to Donovan’s right to refile in the event she exhausts her administrative remedies. 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.

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