UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6226

ERIC LAMONT WILKINS, Plaintiff - Appellant, versus KENNETH L. OSBORNE, Warden; J. W. ARMENTROUT, Assistant Warden, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-96-1054-R)

Submitted: April 17, 1997 Decided: May 2, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eric Lamont Wilkins, 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Unpublished opinions are not binding precedent in this circuit.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 dismissing his 42 U.S.C. § 1983 (1994) complaint without prejudice. Because a dismissal without prejudice is generally not appealable, we dismiss the appeal as interlocutory. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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