Mai Chappel v. Xuan Nguyen

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1893
MAI CHAPPEL,
Plaintiff - Appellant,
v.
XUAN NGUYEN; QUI TRINH,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:22-cv-00173-MSD-LRL)
Submitted: December 20, 2022 Decided: December 22, 2022
Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit
Judge.
Affirmed as modified by unpublished per curiam opinion.
Mai Chappel, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-1893 Doc: 11 Filed: 12/22/2022 Pg: 2 of 2
PER CURIAM:
Mai Chappel appeals the district court’s order dismissing her civil complaint for
lack of subject matter jurisdiction. We have reviewed the record and find no reversible
error. Accordingly, we modify the district court’s dismissal order, Chappel v. Nguyen,
No. 2:22-cv-00173-MSD-LRL (E.D. Va. Aug. 8, 2022), to reflect that the dismissal is
without prejudice, and we affirm the dismissal as modified. See 28 U.S.C. § 2106; Ali v.
Hogan, 26 F.4th 587, 600 (4th Cir. 2022) (explaining that dismissal for lack of subject
matter jurisdiction must be without prejudice). 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
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