Byrd v. McKnight ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6754
ERNEST L. BYRD,
Plaintiff - Appellant,
versus
MRS. MCKNIGHT; MR. ARMANTROUT,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-00-0064-7)
Submitted: August 24, 2000 Decided: August 30, 2000
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ernest L. Byrd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ernest L. Byrd appeals from the district court’s order dis-
missing without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2000)
complaint. The district court’s dismissal without prejudice is not
appealable. See Domino Sugar Corp. v. Sugar Workers’ Local Union
392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). A dismissal without
prejudice is a final order only if “‘no amendment [in the com-
plaint] could cure the defects in the plaintiff’s case.’” Id. at
1067 (quoting Coniston Corp. v. Village of Hoffman Estates, 844
F.2d 461, 463 (7th Cir. 1988)). In ascertaining whether a dis-
missal without prejudice is reviewable in this court, the court
must determine “whether the plaintiff could save his action by
merely amending his complaint.” Domino Sugar, 10 F.3d at 1066-67.
In this case, Byrd may move in the district court to reopen his
case and to file an amended complaint specifically alleging facts
sufficient to state a claim under 42 U.S.C.A. § 1983. Therefore,
the dismissal order is not appealable. Accordingly, we dismiss the
appeal for lack of jurisdiction. 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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