Mai Chappel v. Xuan Nguyen

U.S. Court of Appeals for the Fourth Circuit

Mai Chappel v. Xuan Nguyen

Opinion

USCA4 Appeal: 22-1893 Doc: 11 Filed: 12/22/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1893

MAI CHAPPEL,

Plaintiff - Appellant,

v.

XUAN NGUYEN; QUI TRINH,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:22-cv-00173-MSD-LRL)

Submitted: December 20, 2022 Decided: December 22, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Mai Chappel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1893 Doc: 11 Filed: 12/22/2022 Pg: 2 of 2

PER CURIAM:

Mai Chappel appeals the district court’s order dismissing her civil complaint for

lack of subject matter jurisdiction. We have reviewed the record and find no reversible

error. Accordingly, we modify the district court’s dismissal order, Chappel v. Nguyen,

No. 2:22-cv-00173-MSD-LRL (E.D. Va. Aug. 8, 2022), to reflect that the dismissal is

without prejudice, and we affirm the dismissal as modified. See

28 U.S.C. § 2106

; Ali v.

Hogan,

26 F.4th 587, 600

(4th Cir. 2022) (explaining that dismissal for lack of subject

matter jurisdiction must be without prejudice). 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

2

Reference

Status
Unpublished