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    Sellers v. Dedian, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerry Seller's appeal of the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint. A dismissal without prejudice is not ordinarily appealable unless amendment could not cure defects in the complaint. As Sellers may have been able to amend his complaint to assert viable claims, the dismissal was not a final appealable order, so the appeals court lacked jurisdiction and dismissed the appeal.

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    Sellers v. Dedian, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerry Seller's appeal of the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint. A dismissal without prejudice is not ordinarily appealable unless amendment could not cure defects in the complaint. As Sellers may have been able to amend his complaint to assert viable claims, the dismissal was not a final appealable order, so the appeals court lacked jurisdiction and dismissed the appeal.

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    Filed: 1997-02-27 Precedential Status: Non-Precedential Docket: 96-7872

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerry Seller's appeal of the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint. A dismissal without prejudice is not ordinarily appealable unless amendment could not cure defects in the complaint. As Sellers may have been able to amend his complaint to assert viable claims, the dismissal was not a final appealable order, so the appeals court lacked jurisdiction and dismissed the appeal.

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    4 views2 pages

    Sellers v. Dedian, 4th Cir. (1997)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Jerry Seller's appeal of the district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint. A dismissal without prejudice is not ordinarily appealable unless amendment could not cure defects in the complaint. As Sellers may have been able to amend his complaint to assert viable claims, the dismissal was not a final appealable order, so the appeals court lacked jurisdiction and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7872

    JERRY SELLERS,
    Plaintiff - Appellant,
    versus
    MICHAEL D. DEDIAN,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior
    District Judge. (CA-96-600)
    Submitted:

    February 13, 1997

    Decided:

    February 27, 1997

    Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Jerry Sellers, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Jerry Sellers appeals from the district court's order dismissing without prejudice his 42 U.S.C. 1983 (1994) complaint. 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 1066-67.
    Because Sellers could have amended his complaint to assert
    some claims, the dismissal order is not appealable. Accordingly, we
    dismiss the appeal for lack of jurisdiction. 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

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