John Michael Scardina v. Elaine Folk Marshall; Jennifer Griffin
April 30, 2026·25-2285·Per Curiam·By James Taylor
The United States Court of Appeals for the Fourth Circuit affirmed a district court dismissal of a civil action for failure to state a claim. The appellate court modified the lower court's order to specify that the dismissal for lack of subject matter jurisdiction was without prejudice.
John Michael Scardina, proceeding pro se, appealed a district court order that adopted a magistrate judge’s recommendation to dismiss his civil action. The district court dismissed the case for failure to state a claim and for lack of subject matter jurisdiction.
The court’s reasoning
The court reviewed the record and found no reversible error. It modified the portion of the district court’s order dismissing for lack of subject matter jurisdiction to reflect dismissal without prejudice, noting that a court lacking jurisdiction has no power to adjudicate and dispose of a claim on the merits. The court affirmed the order as so modified.
What it means going forward
The plaintiff’s civil action remains dismissed, but the dismissal for lack of subject matter jurisdiction is without prejudice, potentially allowing the plaintiff to refile if jurisdiction can be established.
