Epps v. Wagner

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 1, 2009
• Docket: 09-6442
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6442

HUGH ROYAL EPPS,

Plaintiff - Appellant,

v.

ROBERT WAGNER, Attorney,

Defendant - Appellee.

No. 09-6445

GERALD THOMAS ZERKIN, Attorney,

Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00808-JRS; 3:08-cv-00807-JRS)

Submitted: May 21, 2009 Decided: June 1, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion.

Hugh Royal Epps, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

In these consolidated appeals, Hugh Epps appeals

district court orders dismissing his complaints without

prejudice for failing to file in a timely manner a short plain

statement of jurisdiction. Epps was free to amend the

complaints to cure the defects. A dismissal without prejudice

is not reviewable by this court unless the reasons stated for

the dismissal clearly disclose that no amendment to the

complaint could cure its defects. See Domino Sugar Corp. v.

Sugar Workers Local Union 392, 10 F.3d 1064, 66-67 (4th Cir.

1993). Because Epps could cure the defect in each complaint, we

dismiss the appeals. Id. 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