Theresa Garner v. United States
CourtCourt of Appeals for the D.C. Circuit
Date FiledOctober 22, 2026
Docket26-5127
StatusUnpublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5127 September Term, 2026
1:26-cv-00555-JMC
Filed On: October 22, 2026
Theresa Garner,
Appellant
v.
United States of America,
Appellee
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Millett, Walker, and Childs, Circuit Judges
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P.
34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s order entered April 7, 2026,
be affirmed. The district court correctly dismissed appellant’s complaint because her
claims are patently insubstantial. See Tooley v. Napolitano, 586 F.3d 1006, 1009 (D.C.
Cir. 2009) (“A complaint may be dismissed on jurisdictional grounds when it is patently
insubstantial, presenting no federal question suitable for decision.” (citations and
internal marks omitted)); see also Klayman v. Rao, 49 F.4th 550, 552 (D.C. Cir. 2022)
(“It seems clear to us that the instant suit is an attempt to relitigate prior decisions of the
district court and of this court.”). Contrary to appellant’s contentions, the district court
properly dismissed the complaint sua sponte. See Fed. R. Civ. P. 12(h)(3) (“If the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss
the action.”); Prakash v. Am. Univ., 727 F.2d 1174, 1180 n.34 (D.C. Cir. 1984) (“The
court need not wait for a party to raise a jurisdictional issue; instead, the court should,
sua sponte, inquire into the basis for its jurisdiction.”). The district court also properly
denied as moot appellant’s motions for discovery and for electronic filing privileges
when dismissing the case. Appellant’s numerous district court filings belie her
contention that she was prevented from amending her complaint merely because she
could not file electronically. And appellant fails to show prejudice from the district
court’s alleged failure to properly serve her with the April 7 order. See 28 U.S.C.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5127 September Term, 2026
§ 2111 (providing that appellate courts must disregard “errors or defects which do not
affect the substantial rights of the parties”).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
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