Fiorani v. Lowry

Filing 920070724

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1047

ROSARIO A. FIORANI, JR., Plaintiff - Appellant, versus ALBERT J. LOWRY, personally and as agent for; IMPERIAL FINANCIAL SERVICES, INCORPORATED, formerly known as ES, Limited Liability Company; BRADLEY LOUIS BOOKE, Esquire; S. DAVID B'SEDEK; SINA THOMPSON; SARA KLEINMAN; GARRETT BALL; YAHOO! INCORPORATED, Legal Department, Customer Service, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:06-cv-01271-GBL)

Submitted:

July 9, 2007

Decided:

July 24, 2007

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rosario A. Fiorani, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Rosario A. Fiorani, Jr., appeals the district court's order dismissing without prejudice his civil complaint.* reviewed the record and find no reversible error. We have

The district

court properly concluded that Fiorani failed to allege federal question jurisdiction. See Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). Even if the district court erred with respect to its

conclusion that it lacked diversity jurisdiction, dismissal was appropriate given that venue in the Eastern District of Virginia was improper. Accordingly, we affirm the district court's

dismissal of the complaint.

We grant Fiorani's motion to proceed

on appeal in forma pauperis and 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.

AFFIRMED

We have jurisdiction to consider this appeal because the order of dismissal suggests that no amendment to the complaint could cure the defects in Fiorani's case. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). - 2 -

*