JOSEPH D. GILBERTI, JR., P.E. an Individual and Licensed Professional Engineer v. the Pentagon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1854
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.
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)
Submitted: February 21, 2023 Decided: February 23, 2023

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Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
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Unpublished opinions are not binding precedent in this circuit.

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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

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