UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6178
GREGORY RICE,
Plaintiff - Appellant,
v.
STATE OF MARYLAND; GREGORY ALTON, Washington County Sheriff’s
Department; TARA BENDER, Washington County Sheriff’s Department;
DISTRICT COURT OF MARYLAND FOR WASHINGTON COUNTY; CIRCUIT COURT;
STATES ATTORNEY’S OFFICE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07-cv-
03294-RWT)
Submitted: March 27, 2008 Decided: April 4, 2008
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Gregory Rice, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory Rice appeals the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2000)
complaint.* We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. Rice v. Maryland, No. 8:07-cv-03294-RWT (D. Md.
Jan. 3, 2008). 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
*
Generally, dismissals without prejudice are interlocutory and
not appealable. Domino Sugar Corp. v. Sugar Workers Local Union
392, 10 F.3d 1064, 1066 (4th Cir. 1993). However, a dismissal
without prejudice could be final if no amendment to the complaint
could cure the defect in the plaintiff’s case. Id. at 1066-67. We
conclude that the defects in this case can only be cured by
something more than an amendment to the complaint and that the
order is therefore appealable.
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