Yan Donovan v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Office of Chemical Safety

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1960
YAN DONOVAN,
Plaintiff - Appellant,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Office of
Chemical Safety and Pollution Prevention Office of Pesticide
Programs,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:15-cv-00178-TSE-MSN)
Submitted: December 17, 2015 Decided: December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Yan Donovan, Appellant Pro Se. David Moskowitz, Assistant United
States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Yan Donovan appeals the district court’s order dismissing her
complaint for lack of subject matter jurisdiction. See Fed. R.
Civ. P. 12(b)(1). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Donovan v. U.S. Envtl. Prot. Agency, No.
1:15-cv-00178-TSE-MSN (E.D. Va. filed June 26, 2015 & entered June
29, 2015). However, we affirm as modified to reflect that the
dismissal is without prejudice to Donovan’s right to refile in the
event she exhausts her administrative remedies. 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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