Asemani v. Fallahian-Khuzestani

Filing 920060802


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6493 BILLY G. ASEMANI, Plaintiff - Appellant, versus ALI FALLAHIAN-KHUZESTANI, Head of the Government of the Islamic Republic of Iran's Revolutionary Guard Corps; HOJJATOL-ISLAM NAYERRI, Chief Judge of the Islamic Revolutionary Court, Defendants - Appellees, and UNITED STATES OF AMERICA, Defendant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:06-cv-00568-RDB) Submitted: July 25, 2006 Decided: August 2, 2006 Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Billy B. Asemani, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Billy G. Asemani appeals the district court's order dismissing without prejudice Asemani's complaint in this action brought under 18 U.S.C. 2333 (2000). Because Asemani may refile this complaint as amended to cure the defects identified by the district court, the dismissal order is not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED - 2 -

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