Fiorani v. Lowry , 234 F. App'x 144 ( 2007 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.* We have
reviewed the record and find no reversible error. 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).
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