UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6255
CHARLES THOMAS,
Petitioner – Appellant,
v.
PATRICIA R. STANSBERRY, Warden,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:08-cv-01223-LMB-TCB)
Submitted: September 10, 2009 Decided: September 14, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Thomas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Thomas appeals the district court's order
dismissing without prejudice his 28 U.S.C. § 2241 (2006)
petition. The district court dismissed the petition pursuant to
Fed. R. Civ. P. 41(b) when Thomas failed to correct deficiencies
in his complaint after being ordered to do so by the district
court. Because Thomas may move to reopen his case and file an
amended petition to cure the defects identified by the district
court, we find that the dismissal order is interlocutory and not
appealable. See Chao v. Rivendell Woods, Inc., 415 F.3d 342,
345 (4th Cir. 2005); Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly,
we dismiss the appeal for lack of jurisdiction. 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