UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6390
DONALD CORNELIUS GENTRY,
Plaintiff - Appellant,
versus
GEORGE DEEDS, Warden; Y. ELSWICK, TPS,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-98-768-7)
Submitted: June 17, 1999 Decided: June 23, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Donald Cornelius Gentry, Appellant Pro Se. Alexander Leonard
Taylor, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald Wayne Gentry appeals from the district court’s order
dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.
1998) action. The district court’s dismissal without prejudice is
not appealable. See Domino Sugar Corp. v. Sugar Workers’ Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). A dismissal
without prejudice is a final order only if “‘no amendment [in the
complaint] could cure the defects in the plaintiff’s case.’” Id.
In ascertaining whether a dismissal without prejudice is reviewable
in this Court, the Court must determine “whether the plaintiff
could save his action by merely amending his complaint.” Id.
Because the grounds for dismissal of this action show that Gentry
could save his action in the district court, the dismissal order is
not appealable. Accordingly, we dismiss the appeal for lack of
jurisdiction and deny Gentry’s motion for the appointment of coun-
sel. 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