Yan Donovan v. EPA

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00178-TSE-MSN. Copies to all parties and the district court. [999722088]. Mailed to: Yan Donovan. [15-1960]

Appeal: 15-1960

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Filed: 12/21/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1960

YAN DONOVAN,
Plaintiff - Appellant,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Office of
Chemical Safety and Pollution Prevention Office of Pesticide
Programs,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T.S. Ellis, III, Senior
District Judge. (1:15-cv-00178-TSE-MSN)

Submitted:

December 17, 2015

Decided:

December 21, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Yan Donovan, Appellant Pro Se. David Moskowitz, Assistant United
States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1960

Doc: 16

Filed: 12/21/2015

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PER CURIAM:
Yan Donovan appeals the district court’s order dismissing her
complaint for lack of subject matter jurisdiction.
Civ. P. 12(b)(1).
reversible error.

See Fed. R.

We have reviewed the record and find no
Accordingly, we affirm for the reasons stated

by the district court.

Donovan v. U.S. Envtl. Prot. Agency, No.

1:15-cv-00178-TSE-MSN (E.D. Va. filed June 26, 2015 & entered June
29, 2015).

However, we affirm as modified to reflect that the

dismissal is without prejudice to Donovan’s right to refile in the
event she exhausts her administrative remedies.

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

this

court

are
and

argument would not aid the decisional process.
AFFIRMED AS MODIFIED

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