Salih El Bey v. Mueller , 352 F. App'x 859 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1929
SAKIMA IBAN SALIH EL BEY,
Plaintiff - Appellant,
v.
ROBERT S. MUELLER, III, Director, Federal Bureau of
Investigation,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Sol Blatt, Jr., Senior District
Judge. (3:09-cv-01216-SB)
Submitted: November 17, 2009 Decided: November 20, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sakima Iban Salih El Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sakima Iban Salih El Bey appeals the district court’s
order accepting the recommendation of the magistrate judge and
dismissing without prejudice his civil complaint, which sought a
declaratory judgment as a national of the United States pursuant
to 8 U.S.C. § 1503(a) (2006) and 28 U.S.C. § 2201(a) (2006). We
have reviewed the record and find no reversible error.
Accordingly, we affirm the district court’s order on the ground
that El Bey failed to show that he “claims a right or privilege
as a national of the United States and [was] denied such right
or privilege by any department or independent agency, or
official thereof, upon the ground that he is not a national of
the United States.” 8 U.S.C. § 1503(a); see El Bey v. Mueller,
No. 3:09-cv-01216-SB (D.S.C. Aug. 12, 2009). We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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