Tatyana Nikolaevna Pokrovskaya v. Virginia Employment Commission

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1599
TATYANA NIKOLAEVNA POKROVSKAYA,
Plaintiff - Appellant,
v.
VIRGINIA EMPLOYMENT COMMISSION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. John A. Gibney, Jr., Senior District Judge. (3:21-cv-00271-JAG)
Submitted: January 20, 2022 Decided: January 24, 2022
Before WILKINSON, DIAZ, and THACKER, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Tatyana Nikolaevna Pokrovskaya, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tatyana Nikolaevna Pokrovskaya appeals the district court’s order dismissing her
complaint for lack of subject matter jurisdiction. We have reviewed the record and
conclude that the district court correctly found that it lacked jurisdiction over
Pokrovskaya’s complaint. However, as the dismissal was based on the lack of subject
matter jurisdiction, it “must be one without prejudice, because a court that lacks jurisdiction
has no power to adjudicate and dispose of a claim on the merits.” S. Walk at Broadlands
Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir.
2013). Accordingly, we affirm the district court’s order dismissing Pokrovskaya’s
complaint, but we modify the judgment to reflect that Pokrovskaya’s complaint is
dismissed without prejudice for lack of subject matter jurisdiction. 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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