UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6767
JERRY LEWIS ADAMS,
Plaintiff - Appellant,
versus
RALPH DOBBINS,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-01-964)
Submitted: September 24, 2002 Decided: October 10, 2002
Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed in part and dismissed in part by unpublished per curiam
opinion.
Jerry Lewis Adams, Appellant Pro Se. James Rutledge Henderson, IV,
HENDERSON & DE COURCY, P.C., Tazewell, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Lewis Adams appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint. Adams alleged
the Defendant failed to provide him with adequate, effective, and
meaningful access to the courts. Adams also alleged the Defendant
discriminated against him by providing another prisoner with
special access to the prison law library. The district court
dismissed Adams’ discrimination claim without prejudice pursuant to
28 U.S.C. § 1915A and dismissed Adams’ access to courts claim
pursuant to Fed. R. Civ. P. 12(b)(6).
With regard to Adams’ denial of access to courts claim, we
affirm on the reasoning of the district court. See Adams v.
Dobbins, No. CA-01-964 (W.D. Va. Apr. 12, 2002). With regard to
Adams’ discrimination claim, because he may cure any deficiency by
filing an amended complaint, we dismiss the appeal for lack of
jurisdiction because the order is not a final, appealable order.
See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d
1064, 1066-67 (4th Cir. 1993). We deny Adams’ motion to amend the
caption in this case. 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.
AFFIRMED IN PART; DISMISSED IN PART
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