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    Duremea Ann Buggs v. William R. Price, Mental Health Facility S. Brown, Officer, Dorothea Dix Hospital, 70 F.3d 1260, 4th Cir. (1995)

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    The court dismissed an appeal from the district court's dismissal without prejudice of the appellant's 42 U.S.C. § 1983 complaint for failure to comply with a magistrate judge's order to amend the complaint and particularize the claims. The appeals court found that the district court's dismissal without prejudice was not an appealable final order because the appellant could cure the defects by amending the complaint. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    Duremea Ann Buggs v. William R. Price, Mental Health Facility S. Brown, Officer, Dorothea Dix Hospital, 70 F.3d 1260, 4th Cir. (1995)

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    The court dismissed an appeal from the district court's dismissal without prejudice of the appellant's 42 U.S.C. § 1983 complaint for failure to comply with a magistrate judge's order to amend the complaint and particularize the claims. The appeals court found that the district court's dismissal without prejudice was not an appealable final order because the appellant could cure the defects by amending the complaint. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    Filed: 1995-11-27 Precedential Status: Non-Precedential Citations: 70 F.3d 1260 Docket: 95-2088

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    The court dismissed an appeal from the district court's dismissal without prejudice of the appellant's 42 U.S.C. § 1983 complaint for failure to comply with a magistrate judge's order to amend the complaint and particularize the claims. The appeals court found that the district court's dismissal without prejudice was not an appealable final order because the appellant could cure the defects by amending the complaint. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    Duremea Ann Buggs v. William R. Price, Mental Health Facility S. Brown, Officer, Dorothea Dix Hospital, 70 F.3d 1260, 4th Cir. (1995)

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    The court dismissed an appeal from the district court's dismissal without prejudice of the appellant's 42 U.S.C. § 1983 complaint for failure to comply with a magistrate judge's order to amend the complaint and particularize the claims. The appeals court found that the district court's dismissal without prejudice was not an appealable final order because the appellant could cure the defects by amending the complaint. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    of 2

    70 F.

    3d 1260

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Duremea Ann BUGGS, Plaintiff-Appellant,
    v.
    William R. PRICE, Mental Health Facility; S. Brown,
    Officer, Dorothea Dix Hospital, Defendants-Appellees.
    No. 95-2088.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Nov. 16, 1995.
    Decided: Nov. 27, 1995.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. Franklin T. Dupree, Jr., Senior District Judge.
    (CA-95-289-5-D)
    Duremea Ann Buggs, Appellant Pro Se.
    E.D.N.C.
    DISMISSED.
    Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order dismissing without prejudice
    her 42 U.S.C. Sec. 1983 (1988) complaint. Appellant's complaint was
    dismissed for failure to comply with the magistrate judge's order to amend her
    complaint and particularize her claims. 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 could be final if "no amendment [to the complaint] could cure defects
    in the plaintiff's case." Id. at 1067. 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 the complaint." Id. at 106667.
    2

    As the magistrate judge concluded, Appellant could have amended her


    complaint to assert some claims.* We therefore dismiss the appeal for lack of
    jurisdiction because we find the order is not appealable. 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.

    Appellant contends that she mailed her amended complaint to the magistrate
    judge within the allotted time. This is not evidenced by the record. Because
    Appellant's complaint concerns conduct beginning in November 1994, we
    discern no potential bar to Appellant's resubmitted action under the applicable
    statute of limitations. See N.C. Gen.Stat. Sec. 1-52(5) (Supp.1993)

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