David Carmichael v. Kathleen Sebeliu

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to schedule oral argument [999300364-2] Originating case number: 3:13-cv-00129-JAG Copies to all parties and the district court/agency. [999343719]. Mailed to: David Alan Carmichael. [13-2546]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2546

DAVID ALAN CARMICHAEL,
Plaintiff - Appellant,
v.
KATHLEEN SEBELIUS, in her official capacity as Secretary
U.S. Dept. Health & Human Services; COMMONWEALTH OF
VIRGINIA, and its officers named herein acting in their
official capacity under the color of State Law; CAROLYN W.
COLVIN, in her official capacity as Commissioner, Social
Security Administration,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:13-cv-00129-JAG)

Submitted:

April 22, 2014

Decided:

April 25, 2014

Before SHEDD and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed as modified in part; affirmed in part by unpublished
per curiam opinion.

David Alan Carmichael, Appellant Pro Se.
Jonathan Holland
Hambrick, Assistant United States Attorney, John David Gilbody,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellees.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David

Alan

Carmichael

appeals

the

district

court’s

order dismissing his civil action challenging the requirements
that he provide a social security number to apply for a Virginia
diver’s license and that his record with the Virginia Department
of Motor Vehicles contain his social security number.
The
Rooker-Feldman *

district
doctrine

court

properly

barred

counts

determined
II

and

that

VIII

of

the
the

complaint and the portion of count V not alleging a violation of
the Religious Freedom Restoration Act.
Rooker-Feldman

doctrine

is

a

A dismissal under the

dismissal

for

lack

of

subject

matter jurisdiction, Adkins v. Rumsfeld, 464 F.3d 456, 463 (4th
Cir. 2006), and thus should be without prejudice.

S. Walk at

Broadlands Homeowner’s Assoc., Inc. v. OpenBand at Broadlands,
LLC, 713 F.3d 175, 185 (4th Cir. 2013).

We therefore modify the

district court’s order to reflect that the dismissal of these
counts

is

modified.

without

prejudice,

and

we

affirm

the

dismissal

as

See 28 U.S.C. § 2106 (2012); MM ex rel. DM v. Sch.

Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002)
(“[W]e are entitled to affirm the court’s judgment on alternate
grounds, if such grounds are apparent from the record.”).

*

D.C. Ct. App. v. Feldman, 460 U.S. 462 (1983); Rooker v.
Fid. Trust Co., 263 U.S. 413 (1923).

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With

respect

to

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the

district

court’s

dismissal

of

Carmichael’s remaining counts for relief, we have reviewed the
record and find no reversible error.

Accordingly, as to those

counts, we affirm for the reasons stated by the district court.
Carmichael v. Sebelius, No. 3:13-cv-00129-JAG (E.D. Va. Oct. 23,
2013).

We deny Carmichael’s motion to schedule oral argument

and dispense
contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED IN PART;
AFFIRMED IN PART

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