Opinion
22-1854
02-23-2023
JOSEPH D. GILBERTI, JR., P.E. an Individual and Licensed Professional Engineer, Plaintiff - Appellant, v. THE PENTAGON; FEDERAL RESERVE BANK OF ATLANTA; FEDERAL BUREAU OF INVESTIGATION, (FBI); CENTRAL INTELLIGENCE AGENCY, (CIA); U.S. SUPREME COURT JUSTICES OF THE UNITED STATES OF AMERICA; U.S. SENATE; CENTERS FOR DISEASE CONTROL AND PREVENTION, (CDC); ANTHONY S. FAUCI, M.D.; WORLD HEALTH ORGANIZATION-PAN AMERICAN HEALTH ORGANIZATION, (WHO-PAHO); BILL GATES; TIME WARNER; FOX NEWS; CNN; WALT DISNEY; MSNBC NEWS; BOSTON POLICE DEPARTMENT; GAVIN NEWSOM, Governor of California; RON DESANTIS, Governor of Florida; KAY IVEY, Governor of Alabama; BRIAN KEMP, Governor of Georgia; GRETCHEN WHITMORE, Governor of Michigan; RICK SNYDER, Ex-Governor of Michigan; CHARLIE BAKER, Governor of Massachusetts; AMERICAN SOCIETY OF CIVIL ENGINEERS; NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, U.S.A. (NASA); U.S. DEPARTMENT OF INTERIOR; 72 PARTNERS, LLC; FLORDIA CONSERVATION GROUP, INC.; SARASOTA COUNTY COMMISSION, Defendants - Appellees.
Joseph D. Gilberti, Jr., Appellant Pro Se. Dennis Carl Barghaan, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.
UNPUBLISHED
Submitted: February 21, 2023.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, Senior District Judge. (1:21-cv-00680-LO-WEF).
Joseph D. Gilberti, Jr., Appellant Pro Se.
Dennis Carl Barghaan, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.
Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph D. Gilberti, Jr., appeals the district court's order dismissing his complaint asserting claims against various entities and federal agencies. We have reviewed the record and find that the district court correctly concluded it was without subject matter jurisdiction to hear Gilberti's claims. Accordingly, we affirm the district court's order, Gilberti v. The Pentagon, No. 1:21-cv-00680-LO-WEF (E.D. Va. July 14, 2022), but modify the order to reflect that the dismissal 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) ("A dismissal for lack of . . . 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."). 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