UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7920
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES MICHAEL MORRIS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Russell A. Eliason,
Magistrate Judge. (CR-97-272, CR-98-57, CR-98-59, CR-98-62, CA-02-
-999)
Submitted: April 17, 2003 Decided: April 22, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Michael Morris, Appellant Pro Se. Arnold L. Husser, OFFICE
OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Michael Morris appeals from the magistrate judge’s
order dismissing without prejudice his “Motion for Modification of
Sentence Pursuant to Title 18 U.S.C. § 3553(b).” The magistrate
judge dismissed the action “without prejudice to petitioner filing
a corrected motion on the proper § 2255 forms.” See United
States v. Morris, Nos. CR-97-272; CR-98-57; CR-98-59; CR-98-62;
CA-02-999 (M.D.N.C. Nov. 20, 2002). Instead of heeding the
magistrate judge’s advice, Morris appealed. Because the dismissal
order is without prejudice, it is not appealable under Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th
Cir. 1993). A dismissal without prejudice is a final order only if
“no amendment [to the complaint] could cure the defects in the
plaintiff’s case.” Id. at 1067 (internal quotation and citation
omitted)). In this case, Morris may file an amended complaint in
the district court by submitting it on the proper forms. Therefore,
the order appealed from is an interlocutory, unappealable order.
Id. at 1066-77. Accordingly, we dismiss the appeal for lack of
jurisdiction and deny Morris’ pending motion to remand. 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
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