Adesijuola Ogunjobi v. United Nations ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1688
ADESIJUOLA OGUNJOBI,
Plaintiff - Appellant,
and
TOKS BANC CORP; TOKS; 5 WORLD MARKETS CORPORATION; WORLD
MARKETS TRANSFER AGENCY CORPORATION; GLOBAL PROSPERITY
CORPORATION; UNITED STATES OF AMERICA; THE PEOPLE’S
REPUBLIC OF CHINA; ORGANIZATION OF THE PETROLEUM
EXPORTING COUNTRIES (OPEC); TREASURY DEPARTMENT OF THE
UNITED STATES; FEDERAL RESERVE BOARD OF THE UNITED STATES;
FEDERAL RESERVE BANK OF RICHMOND; INTERNATIONAL OLYMPIC
COMMITTEE; ASSOCIATION OF TENNIS PROFESSIONALS; WOMEN’S
TENNIS PROFESSIONALS; INTERNATIONAL TENNIS FEDERATION;
NATIONAL FOOTBALL LEAGUE; NATIONAL BASKETBALL
ASSOCIATION; MAJOR LEAGUE BASEBALL; MAJOR LEAGUE SOCCER;
CHARLES, PRINCE OF WALES; IDRIS ELBA, Actor, Singer, Producer;
SABRINA DHOWRE ELBA, Fashion Model; DAK PRESCOTT, Quarterback;
DALLAS COWBOYS; BRIAN ALLEN, Offensive Lineman; LOS ANGELES
RAMS; MADONNA LOUISE CICCONE, Singer, Songwriter; DEMOCRATIC
PARTY; REPUBLICAN PARTY; MEMBERS OF THE CLASS AND
SUBCLASSES, and those similarly situated,
Plaintiffs,
v.
UNITED NATIONS; WORLD HEALTH ORGANIZATION; CENTERS FOR
DISEASE CONTROL AND PREVENTION,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:20-cv-00393-HEH)
Submitted: December 31, 2020 Decided: January 12, 2021
Before MOTZ and KEENAN, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion.
Adesijuola Ogunjobi, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Adesijuola Ogunjobi appeals the district court’s order dismissing his civil action for
lack of subject matter jurisdiction. We have reviewed the record and conclude that the
district court correctly determined that Ogunjobi’s complaint failed to demonstrate a basis
for subject matter jurisdiction. However, the district court erred by dismissing the
complaint with prejudice. Fed. R. Civ. P. 41(b); see S. Walk at Broadlands Homeowner’s
Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) (“A dismissal
for ... [a] defect in subject matter jurisdiction[ ] must be one without prejudice, because a
court that lacks jurisdiction has no power to adjudicate and dispose of a claim on the
merits.”).
Accordingly, we affirm the district court’s judgment to the extent that it dismissed
the complaint for lack of subject matter jurisdiction, but vacate the judgment to the extent
that the dismissal was with prejudice, and remand to the district court for dismissal of the
case without prejudice. We also deny Ogunjobi’s motions to reverse the dismissal of his
complaint and to waive submission of an informal brief. 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 IN PART,
VACATED IN PART,
AND REMANDED
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