OPEC v. UNITED NATIONS (2021)

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

PER CURIAM:

Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.