Katharine Dillon v. Theresa Butler

U.S. Court of Appeals for the Fourth Circuit

Katharine Dillon v. Theresa Butler

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-1760

KATHARINE B. DILLON,

Plaintiff – Appellant,

and

VINCENT ARTHUR BUTLER; JOAN M. PATE,

Plaintiffs,

v.

THERESA MARIE BUTLER; PATRICIA B. GUIN, individually and as Executor of the Estate of DAVID R. GUIN; REGINA B. SRIRAMAN,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:13-cv-00424-WO-JLW)

Submitted: December 15, 2016 Decided: December 19, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Katharine B. Dillon, Appellant Pro Se. Christopher Terry Graebe, GRAEBE HANNA & SULLIVAN, PLLC, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Katharine B. Dillon appeals from the district court’s orders

dismissing her civil complaint with prejudice for lack of subject

matter jurisdiction and denying her motion for reconsideration.

On appeal, she does not challenge the jurisdictional

determination, but contends that the district court should have

dismissed the complaint without prejudice.

Because a dismissal for lack of jurisdiction is without

prejudice, see S. Walk at Broadlands Homeowner’s Ass’n, Inc. v.

OpenBand at Broadlands, LLC,

713 F.3d 175, 185

(4th Cir. 2013), we

affirm the dismissal order as modified to reflect that the

dismissal is without prejudice. See

28 U.S.C. § 2106

(2012). 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

3

Reference

Status
Unpublished