Katharine Dillon v. Theresa Butler


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-00424-WO-JLW Copies to all parties and the district court/agency. [999989461].. [16-1760]

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Appeal: 16-1760 Doc: 30 Filed: 12/19/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1760 KATHARINE B. DILLON, Plaintiff – Appellant, and VINCENT ARTHUR BUTLER; JOAN M. PATE, Plaintiffs, v. THERESA MARIE BUTLER; PATRICIA B. GUIN, individually and as Executor of the Estate of DAVID R. GUIN; REGINA B. SRIRAMAN, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:13-cv-00424-WO-JLW) Submitted: December 15, 2016 Decided: December 19, 2016 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Katharine B. Dillon, Appellant Pro Se. Christopher Terry Graebe, GRAEBE HANNA & SULLIVAN, PLLC, Raleigh, North Carolina, for Appellees. Appeal: 16-1760 Doc: 30 Filed: 12/19/2016 Pg: 2 of 3 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-1760 Doc: 30 Filed: 12/19/2016 Pg: 3 of 3 PER CURIAM: Katharine B. Dillon appeals from the district court’s orders dismissing her civil complaint with prejudice for lack of subject matter jurisdiction and denying her motion for reconsideration. On appeal, she does not challenge the jurisdictional determination, but contends that the district court should have dismissed the complaint without prejudice. Because a dismissal for lack of jurisdiction is without prejudice, see S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013), we affirm the dismissal order as dismissal is without prejudice. modified to reflect that See 28 U.S.C. § 2106 (2012). the 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 3

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