Green v. Booker

149 F. App'x 140

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 1, 2005
• Docket: 05-6298
• Status: Unpublished

Opinion

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 plaintiffs 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