UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7447
BERNARD BARNES,
Plaintiff - Appellant,
versus
R. ALLEN; T. BLOW; D. BRIGGS; N. E. WHITLOW,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Richard L. Williams, Senior Dis-
trict Judge. (CA-97-237-3)
Submitted: March 12, 1998 Decided: March 24, 1998
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bernard Barnes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order adopting the
magistrate judge's report and recommendation and dismissing without
prejudice this complaint pursuant to 42 U.S.C. § 1983 (1994). The
order is not appealable because the defect on which the dismissal
was based could be cured by amending the complaint. See Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 (4th
Cir. 1993). Accordingly, this court does not have jurisdiction over
this appeal and it must be dismissed.
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