Dimaio v. Democratic Nat'l Comm., 520 F.3d 1299 (11th Cir. 2008). · Go Syfert
Dimaio v. Democratic Nat'l Comm., 520 F.3d 1299 (11th Cir. 2008). Cases Citing This Book View Copy Cite
“where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds. this dismissal is without prejudice.”
132 citation events (132 in the last 25 years) across 12 distinct courts.
Strongest positive: Erica Cooper v. Atlantic Credit & Finance Inc. (ca11, 2020-07-28)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Erica Cooper v. Atlantic Credit & Finance Inc. (2×) also: Cited as authority (rule)
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds. this dismissal is without prejudice.
discussed Cited as authority (verbatim quote) Mejia v. Uber Techs., Inc. (2×) also: Cited as authority (rule)
S.D. Fla. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
dimaio's right to vote, protected by the fourteenth amendment, cannot be impaired by the dnc's failure to consider a ballot that he did not cast in the first place.
discussed Cited as authority (verbatim quote) Julian Almanza v. United Airlines, Inc.
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
nor has dimaio indicated, even on appeal to this court, what precisely his amended complaint would reveal
discussed Cited as authority (rule) Robert Jones v. The Lamar Company, LLC
11th Cir. · 2026 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008); Boudloche v. Conoco Oil Corp., 615 F.2d 687 , 688–89 (5th Cir. 1980). 2 Generally, a plaintiff proceeding pro se must receive at least one opportunity to amend the complaint if he might be able to state a claim by doing so before the district court dismisses a com- plaint with prejudice.
cited Cited as authority (rule) Stabil Concrete Pavers, LLC v. Allied Property & Casualty Insurance Company
M.D. Fla. · 2025 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008); Carol King Landscaping Maint., Inc. v. Pizzella, No. 2:19-cv-453-FtM-99NPM, 2019 WL 4694534 , at *3 (M.D.
discussed Cited as authority (rule) Fitzgerald v. McNae
S.D. Fla. · 2024 · confidence medium
Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (vacating district court’s alternative ruling that purported to reach merits of complaint and holding that, where claims were subject to dismissal for lack of subject matter jurisdiction, district court was without jurisdiction to consider the merits of the complaint); Boda v. United States, 698 F.2d 1174 , 1177 n.4 (11th Cir. 1983) (“Where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds.
cited Cited as authority (rule) Caicedo v. DeSantis
M.D. Fla. · 2024 · confidence medium
Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (vacating dismissal with prejudice based on standing) (quoting Boda v. United States, 698 F.2d 1174 , 1177 n.4 (11th Cir. 1983)).
discussed Cited as authority (rule) CNI Express, LLC v. BMO Harris Bank NA
M.D. Fla. · 2024 · confidence medium
However, because Plaintiffs are proceeding pro se, and a dismissal for lack of subject matter jurisdiction must be without prejudice, see DiMaio v. Democratic Nat'l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008), the Court will provide Plaintiffs with the opportunity to move for leave to amend the Amended Complaint before dismissing the action.
cited Cited as authority (rule) United States of America v. Exactech Inc
N.D. Ala. · 2023 · confidence medium
Comm., 520 F.3d 1299, 1302 (11th Cir. 2008) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992)).
cited Cited as authority (rule) 2408 W Kennedy LLC v. Bank of Central Florida
M.D. Fla. · 2023 · confidence medium
DiMiaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008).
discussed Cited as authority (rule) Sears v. Cooper
N.D. Ala. · 2022 · confidence medium
Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (quoting Boda v. United States, 698 F.2d 1174 , 1177 n.4 (11th Cir. 1983)) (“Where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds.”) (emphasis in original).
discussed Cited as authority (rule) Susan Elizabeth Galvin v. U.S. Bank National Association
11th Cir. · 2021 · confidence medium
How- ever, because this dismissal is based on lack of subject matter juris- diction, it “is necessarily without prejudice.” DiMaio v. Demo- cratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (per cu- riam).
discussed Cited as authority (rule) Toca v. TUTCO, LLC
S.D. Fla. · 2020 · confidence medium
Toca’s Standing to Bring the Four Breach-of-Warranty Claims Even though Defendants do not raise standing in the Motion to Dismiss, because it “is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a party’s claims,” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008), the Court must first address Toca’s standing to bring these claims, see Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 , 91–92 (1998).
cited Cited as authority (rule) Exum, Jr. v. National Tire and Battery
S.D. Fla. · 2020 · confidence medium
Comm., 520 F.3d 1299, 1301 (11th Cir. 2008). .
discussed Cited as authority (rule) Carol Wilding v. DNC Services Corporation
11th Cir. · 2019 · signal: cf. · confidence medium
Cf. DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1302 (11th Cir. 2008) (Florida Democratic voter who claimed that the DNC would violate his Article II and Fourteenth Amendment rights by not seating delegates from Florida at the Democratic National Convention failed to plead the invasion of a legally protected right because, among other things, he failed to allege that he had cast a ballot in the Florida Democratic Primary).4 4 Given our conclusion that the plaintiffs in the Democratic voter class did not adequately allege injury-in-fact, we need not and do not address the redressability …
discussed Cited as authority (rule) Long Excavating & Recycling, LLC v. Bates Hewett & Floyd Insurance Agency (CONSENT)
M.D. Ala. · 2019 · confidence medium
“The ‘triad of injury in fact, causation, and redressability constitutes the core of Article III’s case-or-controversy requirement, and the party invoking federal jurisdiction bears the burden of establishing its existence.’” Stalley, 524 F.3d at 1232 (quoting Parker v. Scrap Metal Processors, Inc., 386 F.3d 993, 1003 (11th Cir. 2004)). “[T]he Supreme Court has declared that the standing inquiry ‘is an essential and unchanging part of the case-or- controversy requirement of Article III.’” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008) (quoting Lujan …
discussed Cited as authority (rule) Larry E. Klayman v. President of the United States of America (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008).
discussed Cited as authority (rule) Melton v. Century Arms, Inc.
S.D. Fla. · 2017 · confidence medium
“The standing doctrine is an aspect of this case or controversy requirement and has its origins in ‘both constitutional limitations on federal-court jurisdiction and prudential limitations on its exercise/” Id. (quoting Warth v. Seldin, 422 U.S. 490, 498 , 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975)) (internal citations omitted).' Accordingly, “standing is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a party’s claims.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008).
discussed Cited as authority (rule) Gagliardi v. City of Boca Raton
S.D. Fla. · 2016 · confidence medium
Legal Standard Questions regarding standing implicate a court’s subject-matter jurisdiction and “must be addressed prior to and independent of the merits of a party’s claims.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008) (per cu-riam) (citation omitted).
discussed Cited as authority (rule) Mahala A. Church v. Accretive Health, Inc.
11th Cir. · 2016 · confidence medium
Accordingly, “standing is a jurisdictional threshold question which must be addressed prior to and independent of the merits of a party’s claims.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008); see also Stalley ex rel.
discussed Cited as authority (rule) Mahala A. Church v. Accretive Health, Inc.
11th Cir. · 2016 · confidence medium
Accordingly, “standing is a jurisdictional threshold question which must be addressed prior to and independent of the merits of a party’s claims.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008); see also Stalley ex rel.
cited Cited as authority (rule) Steven Coccaro v. GEICO General Insurance Company
11th Cir. · 2016 · confidence medium
Comm., 520 F.3d 1299, 1301 (11th Cir.2008).
cited Cited as authority (rule) Wilfredo A. Zalaya v. Secretary, Florida department of Corrections
11th Cir. · 2015 · confidence medium
Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (per curiam) (“[W]e AFFIRM the dismissal of DiMaio’s complaint for lack of standing.
cited Cited as authority (rule) Wilfredo A. Zalaya v. Secretary, Florida department of Corrections
11th Cir. · 2015 · confidence medium
Comm., 520 F.3d 1299, 1303 (11th Cir.2008) (per curiam) (“[W]e AFFIRM the dismissal of DiMaio’s complaint for lack of standing.
cited Cited as authority (rule) Democratic Republic of the Congo v. Air Capital Group, LLC
11th Cir. · 2015 · confidence medium
"We review de novo basic questions concerning our subject matter jurisdiction, including standing.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008). 4 .
discussed Cited as authority (rule) Tuscaloosa Resources, Inc. v. Alabama Department of Environmental Management (2×)
Ala. · 2014 · confidence medium
App. 2012)], ... the Eleventh Circuit Court of Appeals observed: "'"'[W]e should not speculate concerning the existence of standing'" because we "'lack[] the power to create jurisdiction by embellishing a deficient allegation of injury.'" DiMaio v. Democratic Nat'l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008) 11 1130393 (quoting Elend v. Basham, 471 F.3d 1199, 1206 (11th Cir. 2006)).' "TRI filed the present appeal to this court on April 26, 2010.
cited Cited as authority (rule) Darcel Drew v. Safeco Insurance Company of Illinois
11th Cir. · 2014 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1302 (11th Cir.2008).
cited Cited as authority (rule) Darcel Drew v. Safeco Insurance Company of Illinois
11th Cir. · 2014 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1302 (11th Cir. 2008).
cited Cited as authority (rule) Amy Rowe v. U.S. Bancorp
11th Cir. · 2014 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008).
cited Cited as authority (rule) Steve Q. Muhammad v. JP Morgan Chase Bank, NA
11th Cir. · 2014 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008).
cited Cited as authority (rule) Charles R. Otwell, Sr. v. Alabama Power Company
11th Cir. · 2014 · confidence medium
Standing “is an essential and unchanging part of the case-or-controversy requirement of Article III.” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008) (quotation marks omitted).
cited Cited as authority (rule) Stubbs v. City of Center Point
N.D. Ala. · 2013 · confidence medium
Comm., 520 F.3d 1299, 1301 (11th Cir.2008) (quoting Emory v. Peeler, 756 F.2d 1547, 1552 (11th Cir.1985)).
discussed Cited as authority (rule) Tuscaloosa Resources, Inc. v. Alabama Department of Environmental Management
Ala. Civ. App. · 2013 · confidence medium
In Hollywood Mobile Estates, Ltd. v. Seminole Tribe of Florida, 641 F.3d 1259, 1265 (11th Cir.2011), cited in Alabama Department of Environmental Management v. Friends of Hurricane Creek, supra, which is quoted by the main opinion and recited above, the Eleventh Circuit Court of Appeals observed: “‘“[W]e should not speculate concerning the existence of standing” ’ because we ‘ “lack[ ] the power to create jurisdiction by embellishing a deficient allegation of injury.” ’ DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008) (quoting Elend v. Basham, 471 F.3d …
discussed Cited as authority (rule) Travaglio v. American Express Co.
11th Cir. · 2013 · confidence medium
Stanley v. C.I.A., 639 F.2d 1146, 1159 (5th Cir. Unit B Mar.1981); 2 see also DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir.2008) (“Where dismissal can be based on lack of subject. matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds.” (internal quotation marks omitted)).
discussed Cited as authority (rule) Tina Marie Travaglio v. American Express Company
11th Cir. · 2013 · confidence medium
Stanley v. C.I.A., 639 F.2d 4 Case: 11-15292 Date Filed: 08/19/2013 Page: 5 of 9 1146, 1159 (5th Cir. Unit B Mar. 1981);2 see also DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008) (“Where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds.” (internal quotation marks omitted)).
cited Cited as authority (rule) William E. Pace v. Mark S. Peters
11th Cir. · 2013 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008).
examined Cited as authority (rule) Lesther Trujillo v. State of Florida (3×) also: Cited "see"
11th Cir. · 2012 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008).
discussed Cited as authority (rule) Marcus v. Postmaster General, U.S. Postal Service Southeast Area
11th Cir. · 2011 · confidence medium
Committee, 520 F.3d 1299, 1300, 1303 (11th Cir.2008) (affirming the dismissal of a complaint for lack of subject matter juidsdiction and construing the dismissal, which was silent as to prejudice, as a dismissal without prejudice, but remanding for the court to reenter its judgment).
discussed Cited as authority (rule) Hollywood Mobile Estates Limited v. Seminole Tribe (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
“Article III standing must be determined as of the time at which the plaintiff’s complaint is filed,” Focus on the Family v. Pinellas Suncoast Transit Auth., 344 F.3d 1263, 1275 (11th Cir. 2003), and “the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted,” Allen v. Wright, 468 U.S. 737, 752 , 104 S. Ct. 3315, 3325 (1984). “‘[W]e should not speculate concerning the existence of standing’” because we “‘lack[] the power to create …
discussed Cited as authority (rule) Hollywood Mobile Estates Ltd. v. Seminole Tribe (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
“Article III standing must be determined as of the time at which the plaintiffs complaint is filed,” Focus on the Family v. Pinellas Suncoast Transit Auth., 344 F.3d 1263, 1275 (11th Cir.2003), and “the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted,” Allen v. Wright, 468 U.S. 737, 752 , 104 S.Ct. 3315, 3325 , 82 L.Ed.2d 556 (1984). “‘[W]e should not speculate concerning the existence of standing’ ” because we “ ‘lack[ ] the p…
examined Cited as authority (rule) Frazer v. IPM Corp. of Brevard, Inc. (3×) also: Cited "see"
N.D. Ga. · 2011 · confidence medium
U.S., 524 F.3d at 1232 (“A dismissal for lack of subject matter jurisdiction is not a judgment on the merits and is entered without prejudice.”); DiMaio v. Democratic Nat’l Committee, 520 F.3d 1299, 1303 (11th Cir. 2008) (affirming dismissal of complaint for lack of standing but noting that “this dismissal is necessarily without prejudice”).
discussed Cited as authority (rule) Hope for Families & Community Service, Inc. v. Warren
M.D. Ala. · 2010 · confidence medium
However, because Article III standing is "a threshold jurisdictional question” that is "independent of the merits of a party's claims,” DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008), Sheriff Warren's standing arguments as to Lucky Palace are addressed in this section. 99 .
cited Cited as authority (rule) Common Cause/Georgia v. Billups
11th Cir. · 2009 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008) (per curiam).
cited Cited as authority (rule) Clinton W. Finstad v. State of Florida
11th Cir. · 2008 · confidence medium
DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir.2008); Crown Media, LLC v. Gwinnett County, Ga., 380 F.3d 1317, 1323 (11th Cir .2004).
cited Cited as authority (rule) Miccosukee Tribe of Indians of Florida v. United States
S.D. Fla. · 2008 · confidence medium
Committee, 520 F.3d 1299, 1301 (11th Cir.2008).
cited Cited "see" Theodore Sabir v. Joy Sabir
M.D. Ala. · 2026 · signal: see · confidence high
See DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008).
cited Cited "see" Casa Express Corp v. Bolivarian Republic of Venezuela
11th Cir. · 2025 · signal: see · confidence high
See DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1303 (11th Cir. 2008).
cited Cited "see" Singleton v. Hamm
N.D. Ala. · 2025 · signal: see · confidence high
See Diamaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)).
cited Cited "see" Berry v. Bailey
N.D. Ala. · 2025 · signal: see · confidence high
See Diamaio v. Democratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). 1.
cited Cited "see" British D. Moss v. Leesburg Regional Medical Center
11th Cir. · 2021 · signal: see · confidence high
See DiMaio v. Dem- ocratic Nat’l Comm., 520 F.3d 1299, 1301 (11th Cir. 2008).
Retrieving the full opinion text from the archive…
Victor DIMAIO, Plaintiff-Appellant,
v.
DEMOCRATIC NATIONAL COMMITTEE, Florida Democratic Party, Defendants-Appellees
07-14816.
Court of Appeals for the Eleventh Circuit.
Mar 21, 2008.
520 F.3d 1299
Michael A. Steinberg, Michael A. Stein-berg & Associates, Tampa, FL, for DiMaio., Katherine Eastmoore Giddings, Aker-man Senterfitt, Mark Herron, Robert John Telfer, III, Messer, Caparello & Self, P.A., Tallahassee, FL, Joseph E. Sandler, San-dler, Reif & Young, P.C., Washington, DC, for Defendants-Appellees.
Tjoflat, Marcus, Vinson.
Cited by 94 opinions  |  Published
PER CURIAM:

This appeal raises a number of interesting and potentially significant questions concerning the impact of the Equal Protection Clause on an individual’s right to vote in a primary election, the extent of the Fourteenth Amendment’s state action requirement, and the associational interests of national political parties. However, because the plaintiff Victor DiMaio undeniably lacks standing to bring this suit, we affirm the district court’s determination that this case is nonjusticiable, construe the district court’s dismissal of the case to be without prejudice and, therefore, dismiss the appeal without prejudice for lack of subject matter jurisdiction.

I.

On August 30, 2007, DiMaio brought this Declaratory Judgment action, pursuant to 28 U.S.C. §§ 1331, 1343 and 2201, against the Democratic National Committee (“DNC”) and the Florida Democratic Party (“FDP”) (collectively “the Parties”) in United States District Court for the Mid-[*1301] die District of Florida, alleging that the DNC’s announced refusal to seat Florida’s Democratic delegation at its National Convention would violate his constitutional right to equal protection under the Fourteenth Amendment and his rights under Article II of the Constitution. On September 25, 2007, the Parties moved to dismiss DiMaio’s complaint under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, arguing both that DiMaio lacked standing to bring this action, and that the complaint failed on the merits for a variety of reasons. Soon thereafter, the district court granted the Parties’ motions, concluding that “DiMaio wholly fail[ed] to satisfy the constitutional criteria for standing under Article III” because “[h]is complaint does not assert any actual or real controversy with the DNC or the FDP.” But, even if DiMaio could somehow satisfy Article Ill’s justiciability requirements, the district court also ruled on the merits that DiMaio had failed to state a claim both because the DNC and the FDP did not exercise any state action and the political parties have a constitutionally protected right to conduct and manage their own internal affairs. This timely appeal followed.

II.

We review de novo basic questions concerning our subject matter jurisdiction, including standing. Elend v. Basham, 471 F.3d 1199, 1204 (11th Cir.2006). The party invoking federal jurisdiction bears the burden of proving the essential elements of standing, although “[a]t the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice^]” Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

It is by now axiomatic that “Article III of the Constitution limits the ‘judicial power’ of the United States to the resolution of ‘cases’ and ‘controversies.’ ” Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). And the Supreme Court has declared that the standing inquiry “is an essential and unchanging part of the ease- or-controversy requirement of Article III.” Lujan, 504 U.S. at 560, 112 S.Ct. 2130. That a plaintiff seeks relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, does not relieve him of the burden of satisfying the prerequisites for standing, since “a declaratory judgment may only be issued in the case of an actual controversy.” Emory v. Peeler, 756 F.2d 1547, 1552 (11th Cir.1985) (quotation marks omitted).

Moreover, “[standing is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a party’s claims.” Bochese v. Town of Ponce Inlet, 405 F.3d 964, 974 (11th Cir.2005) (citation and quotation marks omitted). We have thus held that “[t]he standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted.” Elend, 471 F.3d at 1205-06 (internal quotation marks omitted). “It is not enough that ‘the [plaintiffl’s complaint sets forth facts from which we could imagine an injury sufficient to satisfy Article Ill’s standing requirements.’ ” Id. at 1206 (quoting Miccosukee Tribe of Indians of Fla. v. Fla. State Athletic Comm’n, 226 F.3d 1226, 1229 (11th Cir.2000) (citations omitted)). Indeed, “we should not speculate concerning the existence of standing .... If the plaintiff fails to meet its burden, this court lacks the power to create jurisdiction by embellishing a deficient allegation of injury.” Id. (citation omitted).

In Lujan, the Supreme Court held that a party seeking to invoke the subject[*1302] matter jurisdiction of a federal court must satisfy three constitutional prerequisites of standing:

First, the plaintiff must have suffered an injury in fact — an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court. Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.

504 U.S. at 560-61, 112 S.Ct. 2130 (page numbers, quotation marks, citations, brackets, and ellipses omitted); see also Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, 450 F.3d 1295, 1304 (11th Cir.2006) (“To demonstrate Article III standing, a plaintiff must show that the conduct of which he complains has caused him to suffer an injury in fact that a favorable judgment will redress.”) (internal quotation marks omitted); Bischoff v. Osceola County, 222 F.3d 874, 883 (11th Cir.2000).

In his complaint, DiMaio alleged that he is “an adult citizen of Hillsborough County, Florida, a registered voter, and has selected the Democratic Party as the political party with whom he chooses to be affiliated.” Compl. ¶ 5. He further alleged that the “[r]ules of the National Party provide that no state presidential preference primary election may be held prior to the first Tuesday in February or after the second Tuesday in June, in the calendar year of the national convention, except for the states of New Hampshire, Iowa, Nevada, and South Carolina.” Compl. ¶ 6. DiMaio also claimed that according to the DNC’s rules, “the Defendant’s national committee members voted not to allow Florida to seat delegates at the national convention, because of the enactment of the law moving Florida’s primary to a date which violates the national rules, unless within 30 days the State Democratic Party moves its contest back at least seven days from the current Jan. 29, 2008 date.” Compl. ¶¶ 7, 9. DiMaio alleged precious little else.

This complaint undeniably fails the test for constitutional standing established in Lujan. Notably, DiMaio never alleged that he actually voted, nor even so much as suggested that he intended to vote in the Florida Democratic Primary. To the contrary, the complaint simply “posit[ed]” that the DNC “may be violating his rights under Article II and the 14th Amendment of the United States Constitution”; that enforcement of the DNC’s delegate-stripping rules “may or may not violate [his] right to vote in a Presidential primary”; and that, “[iff the decision of the National Party violates [his] constitutional rights, it would be appropriate for this court to make such a finding.” Compl. ¶¶ 10, 13, and 14 (emphases added). As if to underscore the conditional nature of his injury, he also alleged that “[iff the decision of the National Party does not violate the Plaintiffs constitutional rights, it would be appropriate for this court to make such a finding .... ” Compl. ¶ 15 (emphasis added).

These allegations, whether standing alone or in concert, do not plead that the plaintiff suffered an injury in fact, the invasion of a legally protected interest that is “concrete and particularized”' — the first prong of the Lujan test. As a practical matter, DiMaio’s right to vote, protected by the Fourteenth Amendment, cannot be impaired by the DNC’s failure to consider a ballot that he did not cast in the first place. Nor does DiMaio’s complaint even[*1303] come close to satisfying the third prong of the Lujan test, for if DiMaio has not voted, we are unable to redress any alleged violation of his constitutional rights. What we are left with is an exercise in purely advisory decision-making. In short, since DiMaio’s complaint does not allege any actual or imminent injury, nor suggest in any way how that “injury” could be redressed by a favorable judgment, we are without jurisdiction to entertain the appeal.

DiMaio does not even suggest that his complaint satisfies the requirements of Article III standing. Instead, he appears to say only that he should have been permitted to amend his complaint so as to allege that “the DNC in fact violated his equal protection rights.” DiMaio’s Br., at 16. But DiMaio did not need permission to amend the complaint. The Parties never filed any responsive pleading in the case, and as a result, DiMaio was free to amend the complaint once, without leave, under Federal Rule of Civil Procedure 15(a)(1).

Moreover, we have held that “[a] district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff, who is represented by counsel, never filed a motion to amend nor requested leave to amend before the district court.” Wagner v. Daewoo Heavy Indus. America Corp., 314 F.3d 541, 542 (11th Cir.2002) (en banc). Here, DiMaio never moved to amend his complaint, nor did he seek leave to amend before the district court. Indeed, as we observed in United States ex rel. Atkins v. McInteer, 470 F.3d 1350, 1361 & n. 22 (11th Cir.2006), a plaintiff may seek to amend his complaint pursuant to Federal Rules of Civil Procedure 15(a)(2), 59(e), or 60(b)(6) — yet DiMaio has pursued none of these avenues. Nor has DiMaio indicated, even on appeal to this Court, what precisely his amended complaint would reveal. See McInteer, 470 F.3d at 1362 (a plaintiff “should not be allowed to amend [his] complaint without showing how the complaint could be amended to save the meritless claim”) (citation omitted). Not surprisingly, we are reluctant to speculate. And, indeed, if DiMaio were to file a new complaint, he might consider the issues presented in the cases of Democratic Party of U.S. v. Wisconsin ex rel. La Follette, 450 U.S. 107, 101 S.Ct. 1010, 67 L.Ed.2d 82 (1981), and Cousins v. Wigoda, 419 U.S. 477, 95 S.Ct. 541, 42 L.Ed.2d 595 (1975).

Accordingly, we AFFIRM the dismissal of DiMaio’s complaint for lack of standing. However, this dismissal is necessarily without prejudice. See Boda v. United States, 698 F.2d 1174, 1177 n. 4 (11th Cir.1983) (“Where dismissal can be based on lack of subject matter jurisdiction and failure to state a claim, the court should dismiss on only the jurisdictional grounds. This dismissal is without prejudice.”) (emphasis added). The district court was without jurisdiction to consider the more interesting and substantive questions presented by the case. Therefore, we VACATE the district court’s alternative holdings which purport to reach the merits of DiMaio’s complaint, and REMAND with instructions that the district court reenter its judgment accordingly.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.