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`NOT FOR PUBLICATION
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`Civil Action No. 24-5915 (SDW) (LDW)
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`WHEREAS OPINION
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`October 30, 2024
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`RAJESH DHARIA,
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`Plaintiff,
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`v.
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`UNITED STATES OF AMERICA, et al.,
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`Defendants.
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`WIGENTON, District Judge.
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`THIS MATTER having come before this Court upon pro se Plaintiff Rajesh Dharia’s
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`(“Plaintiff”) First Amended Complaint (D.E. 16 (“FAC”)) filed on October 17, 2024 and this Court
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`having sua sponte reviewed the Complaint for sufficiency pursuant to Federal Rules of Civil
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`Procedure (“Rule”) 12(h)(3); and
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`WHEREAS Plaintiff filed the original complaint in this matter on May 7, 2024 (D.E. 1),
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`seemingly alleging that the United States, the Federal Bureau of Investigation, and several
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`American politicians—including, former President George W. Bush, former Vice President Dick
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`Cheney, and former Secretary of Defense Robert Gates—were involved in a bombing in Mumbai,
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`India on July 11, 2006; and
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`WHEREAS this Court previously ruled that Plaintiff does not have standing to pursue this
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`action, and even if he did, the action raises a nonjusticiable political question (D.E. 10–11); and
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`1
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`Case 2:24-cv-05915-SDW-LDW Document 18 Filed 10/30/24 Page 2 of 2 PageID: 53
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`WHEREAS the FAC contains substantially the same allegations as the original complaint,
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`now stylized as claims for intentional and negligent infliction of emotional distress against the
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`United States and various agencies; and
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`WHEREAS this Court is mindful that a pro se complaint is to be “liberally construed” and
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`that courts must permit a curative amendment unless any future amendment would be “inequitable
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`or futile.” Estelle v. Gamble, 429 U.S. 97, 106 (1976); Grayson v. Mayview State Hosp., 293 F.3d
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`103, 108 (3d Cir. 2002). “The label ‘with prejudice’ attached to the dismissal of a claim signifies
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`that the dismissal is an adjudication of the merits and hence a bar to further litigation of the claim.”
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`Korvettes, Inc. v. Brous, 617 F.2d 1021, 1024 (3d Cir. 1980). Here, any future amendment would
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`be futile as there are no set of facts regarding this terrorist attack from nearly 20 years ago that
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`Plaintiff can allege which would turn this nonjusticiable matter into a justiciable one; therefore
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`The FAC is sua sponte DISMISSED WITH PREJUDICE. An appropriate order follows.
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`Orig: Clerk
`cc:
`Parties
`Leda D. Wettre, U.S.M.J.
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`/s/ Susan D. Wigenton
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` SUSAN D. WIGENTON, U.S.D.J.
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`2
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