Asemani v. Govt of Islamic Republic

276 F. App'x 287

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 6, 2008
• Docket: 07-7431
• Status: Unpublished

Opinion

PER CURIAM:

Billy G. Asemani appeals the district court’s order dismissing his complaint without prejudice in this action filed under 18 U.S.C. § 2333 (2000). Although an order dismissing a complaint without prejudice generally is not an appealable order, see Chao v. Rivendell Woods, Inc., 415 F.3d 342, 345 (4th Cir.2005), the district court’s order nonetheless qualifies as a final order subject to appeal because the action cannot be saved by merely amending the complaint. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993) (holding appellate court may evaluate particular grounds for dismissal to determine whether plaintiff could save action by merely amending complaint).

The district court properly found Asemani failed to establish he was a national of the United States under 8 U.S.C. § 1101(a)(22) (2000). We therefore conclude the district court correctly decided Asemani lacked standing to proceed under 18 U.S.C. § 2333(a) (2000). Accordingly, we affirm the district court’s order. We deny Asemani’s motions for oral argument and for appointment of counsel. We 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.