Green v. Booker ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6298
WILLIAM GREEN,
Plaintiff - Appellant,
versus
MALCOLM A. BOOKER, JR., Clerk, Buckingham
Correctional Center,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-04-723-7)
Submitted: August 25, 2005 Decided: September 1, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
William Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Green appeals from the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (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 complaint] could cure
the defects in the plaintiff’s case.’” Id. at 1067 (quoting
Coniston Corp. v. Vill. of Hoffman Estates, 844 F.2d 461, 463 (7th
Cir. 1988)). In ascertaining whether a dismissal 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, Green 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 § 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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