UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7783
STANLEY CURTIS RHODES,
Plaintiff - Appellant,
versus
PETERSBURG, VIRGINIA POLICE DEPARTMENT; POLICE
OFFICER CARPENTER; CASANDRE BURNS, Munici-
pality’s Commonwealth Attorney,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Claude M. Hilton, Chief District
Judge. (CA-00-1036-AM)
Submitted: July 12, 2001 Decided: July 26, 2001
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stanley Curtis Rhodes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Stanley Curtis Rhodes appeals the district court’s order dis-
missing his 42 U.S.C.A. § 1983 (West Supp. 2000) action for failure
to comply with the court’s order that he particularize and amend
his complaint. Because the district court’s dismissal was without
prejudice, it is not appealable. Domino Sugar Corp. v. Sugar
Workers Local Union 393, 10 F.3d 1064, 1066 (4th Cir. 1993).
Accordingly, we dismiss the appeal. If he chooses, Rhodes may
refile his complaint in district court, being careful to be
sufficiently particular in the details of his claim to satisfy the
district court’s prior order. We also deny Rhodes’ motion for the
appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160, 163
(4th Cir. 1984).
We dispense with oral argument because the facts and legal
contentions are adequately addressed in the materials before the
court and argument would not aid the decisional process.
DISMISSED
2