UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1896
WILLIAM F. MARTIN, JR.,
Plaintiff – Appellant,
v.
KEVIN SCOTT BRACKETT, Solicitor of the Sixteenth Judicial
Circuit Court of Union and York County to be sued in his
Individual and Official Capacity,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. R. Bryan Harwell, District Judge.
(0:12-cv-00054-RBH)
Submitted: October 11, 2012 Decided: October 15, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William F. Martin, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William F. Martin, Jr., appeals the district court’s
order adopting the magistrate judge’s recommendation and
dismissing without prejudice Martin’s 42 U.S.C. § 1983 (2006)
complaint. * We have reviewed the record and find no reversible
error. Accordingly, we affirm substantially for the reasons
stated by the district court. Martin v. Brackett, No. 0:12-cv-
00054-RBH (D.S.C. June 28, 2012); see Imbler v. Pachtman, 424
U.S. 409, 422, 427, 430-31 (1976); Carter v. Burch, 34 F.3d 257,
262-63 (4th Cir. 1994). 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
*
While 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
complaint and that the order therefore is appealable.
2