UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6386
HAROLD J. THORNTON,
Petitioner - Appellant,
v.
CHRISTOPHER ZYCH, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:14-cv-00065-GEC-RSB)
Submitted: May 29, 2014 Decided: June 3, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Harold Jerome Thornton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Harold Jerome Thornton, a federal prisoner, appeals
the district court’s order dismissing his 28 U.S.C. § 2241
(2012) petition for lack of subject matter jurisdiction. *
We have reviewed the record and find no reversible error.
Accordingly, although we grant leave to proceed in forma
pauperis, we affirm for the reasons stated by the district
court. Thornton v. Zych, No. 7:14-cv-00065-GEC-RSB (W.D. Va.
Feb. 25, 2014). We deny Thornton’s motion to appoint counsel
and dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
*
Although dismissals without prejudice generally are
interlocutory and not appealable, a dismissal without prejudice
may be final if no amendment to the complaint can cure the
defect in the plaintiff’s case. Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066–67 (4th Cir. 1993).
On the available record, we conclude that the defect identified
by the district court cannot be cured by an amendment to the
petition and that the dismissal order therefore is appealable.
2