McDaniel v. Greyhound Lines, Inc. , 305 F. App'x 80 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1860
APRIL MCDANIEL,
Plaintiff – Appellant,
v.
GREYHOUND LINES, INC.; LISA BORROW, Manager at Greyhound;
TOMMY SCHEWL, Area Manager at Greyhound; JANE DOE, a/k/a
Leslie,
Defendants – Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:08-cv-00130-FDW-CH)
Submitted: December 11, 2008 Decided: December 15, 2008
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
April McDaniel, Appellant Pro Se. Michael Douglas McKnight,
Robert Allen Sar, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC,
Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
April McDaniel appeals the district court’s order
dismissing without prejudice her civil complaint alleging
employment discrimination under Title VII of the Civil Rights
Act of 1964, as amended. The court specifically dismissed the
action noting that because it had not ruled on the merits of the
compliant and was dismissing it for lack of subject matter
jurisdiction and personal jurisdiction, McDaniel was free to
refile her complaint after curing these defects. A dismissal
without prejudice is not reviewable by the court unless the
reasons stated for the dismissal clearly disclose that no
amendment to the complaint could cure its defects. See Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064,
1066-67 (4th Cir. 1993). In the present case, the district
court properly found that McDaniel failed to allege facts
establishing subject matter and personal jurisdiction. Because
McDaniel could possibly cure these defects by amending her
complaint, we dismiss this appeal. Id. 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.
DISMISSED
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