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234 F. App'x 144

Fiorani v. Lowry

U.S. Courts of Appeals

Decided July 24, 2007

U.S. Courts of Appeals · decided 2007-07-24

Relies on Linda R. S. v. Richard D. · Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Affirmed by unpublished PER CURIAM opinion · Decided 2007-07-24

PER CURIAM:

¶1 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, 93 S.Ct. 1146, 35 L.Ed.2d 536 (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.

¶2 AFFIRMED.

*

¶3 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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