UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6510
WALLACE MITCHELL-EL,
Plaintiff - Appellant,
versus
YVONNE ELSWICK; GEORGE E. DEEDS; J. ARMEN-
TROUT, Assistant Warden Operations; RED ONION
STATE PRISON; EDWARD C. MORRIS, Deputy Direc-
tor; VIRGINIA DEPARTMENT OF CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-00-83-7)
Submitted: July 13, 2000 Decided: July 25, 2000
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wallace Mitchell-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wallace Mitchell-El appeals from the district court's order
denying his motion for reconsideration filed under Rule 60(b) of
the Federal Rules of Civil Procedure. Mitchell-El sought reconsid-
eration of the district court’s summary dismissal without preju-
dice of his civil rights complaint. “[A] plaintiff may not appeal
the dismissal of his complaint without prejudice unless the grounds
for dismissal clearly indicate that no amendment [in the complaint]
could cure the defects in the plaintiff's case.” See Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th
Cir. 1993) (internal quotation marks omitted). In ascertaining
whether a dismissal without prejudice is reviewable in this court,
we must determine whether Mitchell-El “could save his action by
merely amending his complaint." Id. at 1066-67. Because the
grounds for dismissal of this action show that Mitchell-El could
save the action by filing an amended complaint in the district
court, the order denying reconsideration is not appealable.* Ac-
cordingly, 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
*
We note that the statute of limitations continues to run.
2