Bomar v. Hoke, Inc ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1274
RICKEY W. BOMAR,
Plaintiff - Appellant,
versus
HOKE, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (7:05-cv-01527-GRA)
Submitted: August 7, 2006 Decided: August 22, 2006
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Rickey W. Bomar, Appellant Pro Se. Wade Edward Ballard, Matthew J.
Gilley, FORD & HARRISON, LLP, Spartanburg, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rickey W. Bomar seeks to appeal from the district court’s
order accepting the recommendation of the magistrate judge in part
and dismissing Bomar’s complaint without prejudice for failure to
state a claim upon which relief may be granted. Because Bomar
could remedy his complaint’s dismissal by amending the complaint to
clarify his claims and the basis for federal jurisdiction, the
district court’s order is not reviewable. See Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th
Cir. 1993). Accordingly, we dismiss the appeal. 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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