U.S. Court of Appeals for the Fourth Circuit, 2024

Taiming Zhang v. Andrew Bonomolo

Taiming Zhang v. Andrew Bonomolo
U.S. Court of Appeals for the Fourth Circuit · Decided October 18, 2024

Taiming Zhang v. Andrew Bonomolo

Opinion

USCA4 Appeal: 24-1615 Doc: 9 Filed: 10/18/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1615

TAIMING ZHANG, Plaintiff - Appellant, v. ANDREW JOSEPH BONOMOLO, Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, Chief District Judge. (1:23-cv-00627-CCE-JEP)

Submitted: October 8, 2024 Decided: October 18, 2024

Before GREGORY and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Taiming Zhang, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-1615 Doc: 9 Filed: 10/18/2024 Pg: 2 of 2

PER CURIAM: Taiming Zhang appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing Zhang’s civil action for lack of personal jurisdiction based on insufficient service of process. We have reviewed the record and find no reversible error. However, a dismissal for lack of personal jurisdiction must be without prejudice. Atkisson v. Holder, 925 F.3d 606, 628 (4th Cir. 2019). We therefore modify the dismissal order, Zhang v. Bonomolo, No. 1:23-cv-00627-CCE-JEP (M.D.N.C. June 24, 2024), to reflect dismissal without prejudice for lack of jurisdiction, and affirm as modified, 28 U.S.C. § 2106. 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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