USCA4 Appeal: 24-1310 Doc: 12 Filed: 08/29/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1310

KHAI BUI,

Plaintiff - Appellant,

v.

SEFTON SMYTH; ABDUL ALSHAER,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:23-cv-01224-CMH-WEF)

Submitted: August 27, 2024 Decided: August 29, 2024

Before KING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Khai Bui, Appellant Pro Se. David John Gogal, Ian Joseph McElhaney, BLANKINGSHIP & KEITH, PC, Fairfax, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1310 Doc: 12 Filed: 08/29/2024 Pg: 2 of 2

PER CURIAM:

Khai Bui appeals the district court’s order granting Defendants’ motions to dismiss

Bui’s civil action, as well as the court’s orders denying Bui’s Fed. R. Civ. P. 60(b) motion

and granting in part and denying in part Defendant Alshaer’s motion for sanctions. We

have reviewed the record in conjunction with the assignments of error Bui raises on appeal,

see 4th Cir. R. 34(b) (“The Court will limit its review to the issues raised in the informal

brief.”), and discern no reversible error. Accordingly, we affirm the district court’s orders.

Bui v. Smyth, No. 1:23-cv-01224-CMH-WEF (E.D. Va. Jan. 9, 2024; Mar. 12, 2024).

However, because a dismissal for lack of jurisdiction must be without prejudice, see S.

Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC,

(4th Cir. 2013), we affirm the January 9, 2024, dismissal order as modified to

reflect that the dismissal is without prejudice, see

. 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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