Sellers v. Dedian

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7872
JERRY SELLERS,
Plaintiff - Appellant,
versus
MICHAEL D. DEDIAN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert R. Merhige, Jr., Senior
District Judge. (CA-96-600)
Submitted: February 13, 1997 Decided: February 27, 1997
Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerry Sellers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Sellers appeals from the district court's order dismiss-
ing without prejudice his 42 U.S.C. § 1983 (1994) 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 could be
final if "no amendment [to the complaint] could cure defects in the
plaintiff's case." Id. at 1067. In ascertaining whether a dismissal
without prejudice is reviewable in this court, the court must de-
termine "whether the plaintiff could save his action by merely
amending the complaint." Id. at 1066-67.
Because Sellers could have amended his complaint to assert
some claims, 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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