Johnson v. Brooks ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7622
ALLEN RAY JOHNSON,
Petitioner - Appellant,
versus
JOSEPH M. BROOKS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-04-91-2)
Submitted: December 16, 2004 Decided: December 28, 2004
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Allen Ray Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Allen Ray Johnson appeals the district court’s order
dismissing without prejudice his complaint filed pursuant to
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S. 388 (1971).* We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. See Johnson v. Brooks, No. CA-04-91-2 (E.D.
Va. Sept. 10, 2004). 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
*
Although a dismissal without prejudice generally is not
appealable, we have jurisdiction in this case because “the grounds
of the dismissal make clear that no amendment could cure the
defects in the plaintiff’s case.” Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993)
(internal quotation marks and citation omitted).
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