UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7061
LEONARD CARTER,
Plaintiff - Appellant,
versus
LEVESTER THOMAS, Doctor, Medical Director for
Nottoway Correctional Center; DOCTOR BOAKYE,
Medical Director for Sussex I State Prison;
RONALD J. ANGELONE, Director, Virginia Depart-
ment of Corrections,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-00-735-3)
Submitted: November 8, 2001 Decided: November 16, 2001
Before WILKINS, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leonard Carter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leonard Carter, Jr., appeals district court’s order dismissing
without prejudice his complaint alleging civil rights violations
under 42 U.S.C.A . § 1983 (West Supp. 2001). Despite the fact that
the magistrate judge gave Carter an opportunity to clarify his
essentially incomprehensible complaint, Carter failed to do so.
Accordingly, the district court dismissed Carter’s action without
prejudice. Because Carter could have proceeded with his action by
amending and clarifying his complaint to provide the information
requested by the court, his appeal of the order of dismissal is
interlocutory and not subject to appellate review. Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th
Cir. 1993).
We therefore dismiss the appeal and deny Carter’s motions for
counsel, to proceed in forma pauperis on appeal, for “Special
Plea,” and for “Affidavit of Proof.” We dispense with oral argu-
ment because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
DISMISSED
2