UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7870

MARK A. TURNER, Plaintiff - Appellant, versus BARBARA A. SCOTT, Clerk of General Sessions Court, Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. William B. Traxler, Jr., District Judge. (CA-95-3006-3-21-BC)

Submitted: May 16, 1996 Decided: May 29, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark A. Turner, 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Unpublished opinions are not binding precedent in this circuit.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 recommendation on alternate reasoning and dis- missing without prejudice this complaint pursuant to 42 U.S.C. § 1983 (1988). The order is not appealable because the defect on which the dismissal was based could be cured by amending the com- plaint. 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