UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1667
DEREK N. JARVIS,
Plaintiff - Appellant,
v.
STATE OF MARYLAND,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:10-cv-01173-AW)
Submitted: August 26, 2010 Decided: September 1, 2010
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Derek N. Jarvis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Derek N. Jarvis appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) complaint without
prejudice. The district court dismissed the complaint because
Jarvis did not comply with Fed. R. Civ. P. 8(a)(2), requiring a
short and plain statement of his claims.
Generally, a district court’s dismissal of a complaint
without prejudice is not appealable. See Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir.
1993) (holding that “a plaintiff may not appeal the dismissal of
his complaint without prejudice unless the grounds for dismissal
clearly indicate that no amendment [in the complaint] could cure
the defects in the plaintiff's case”) (alteration in original)
(internal quotation marks omitted). In this case, Jarvis would
be able to save his action by amending his complaint to comply
with the district court’s order. Therefore, the district
court’s dismissal of Jarvis’ complaint without prejudice is not
an appealable final order. 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
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