UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2013
TONY TOLBERT,
Plaintiff - Appellant,
versus
DONNIE RICE; GWEN DEAN; DENNIS HUMAN; MISS
DEVON; YORKSHIRE AMERICAS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-02-2079-6-20-AK)
Submitted: January 27, 2003 Decided: March 28, 2003
Before WILKINS, Chief Judge, and LUTTIG and TRAXLER, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Tony Tolbert, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tony Tolbert seeks to appeal the district court’s order
dismissing without prejudice his employment-related complaint.
Tolbert’s case was referred to a magistrate judge pursuant to 28
U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended
that Tolbert’s complaint be dismissed without prejudice and advised
Tolbert that failure to file timely, specific, written objections
to this recommendation could waive further judicial review,
including appellate review if the recommendation were accepted by
the district court. Tolbert did not object to the report, and the
district court adopted the recommendation. Tolbert appeals.
We find that this appeal is interlocutory. The district court
dismissed the complaint without prejudice. Because Tolbert may be
able to proceed with this action by amending his complaint, the
dismissal order is not final and thus is not subject to appellate
review. See Domino Sugar Corp. v. Sugar Workers Local Union 392,
10 F.3d 1064, 1066-67 (4th Cir. 1993).
We therefore dismiss the appeal. 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
2