UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7061

WALLACE MITCHELL-EL; MICHAEL PAGE; EARNEST JOYNER,

Plaintiffs - Appellants,

and

CARROLL MONTGOMERY; CLARK BROOKS; CHARLES WILKINS; WILLIAM D. GARNER; CLARENCE PAIGE-EL; CHARLES LINK; GARFIELD RATCLIFF; REGINALD GAITHER; KEVIN BUTLER; KEVIN KING; MIRAIL AL MALIK; JAVIER CARD,

Plaintiffs,

versus

Y. ELSWICK, Treatment Programs Supervisor, Red Onion State Prison; DAVID YERGER, M.D., Red Onion State Prison; GEORGE E. DEEDS, Warden, Red Onion State Prison; J. RASNAKE, Correc- tional Officer, Red Onion State Prison; EDWARD C. MORRIS, Deputy Director, Virginia Depart- ment of Corrections; RONALD ANGELONE, Direc- tor, Virginia Department of Corrections; MARGARET A. MOORE, District of Columbia De- partment of Corrections; EDMUND P. WALSH, Administrator, DC Department of Corrections, Case Management Services; JOHN H. THOMAS, Executive Deputy Director, DC Department of Corrections; CALVIN R. EDWARDS, Interim Di- rector, DC Department of Corrections; JAMES F. MURPHY, Warden, Maximum Security Facility at Lorton, Virginia; LACY GILCHRIST, Case Mana- ger, Maximum Security Facility at Lorton, Vir- ginia; IRMA BRADY, Case Manager Chief, Maximum Security Facility at Lorton, Virginia; CASE MANAGER COBB, Maximum Security Facility at Lorton, Virginia; JOHN L. CLARK, Federal Cor- rections Trustee, Federal Bureau of Prisons, Washington, DC; VICTOR LOY, Warden, Central Facility at Lorton, Virginia; JOSEPHINE DUMAS, Case Manager, Central Facility at Lorton, Virginia-All of the above individuals sued in their personal and professional capacities; VIRGINIA DEPARTMENT OF CORRECTIONS; DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS; R. FLEMING, Captain; L. FLEMING, Captain; RONALD FOWLER, Lieutenant; D. A. TAYLOR, Lieutenant; DR. BINKER; J. BOLLING; E. MULLINS; DOCTOR REZA; DR. PAIGE; ROBERT FULTON, Major; NURSE LAMB; W. E. MULLINS, Nurse; NURSE WOLFE; NURSE BROWNING; HELEN DUNCAN; A. YOUNG; DR. HARRIS; DR. HARRISON; D. FLEMING; J. ROSE; RUTHERFORD; S. SAWYER; CHAPLAIN GARRICK; T. CORNETT; L. C. HILL; LYNN GARLOCK; V. MULLINS; S. K. YOUNG; PATRICIA RICH; R. FARMER; T. DAVIS; D. MCKNIGHT; R. ROWLETTE, Major,

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-99-51-7)

Submitted: January 13, 2000 Decided: January 19, 2000

Before WIDENER, WILKINS, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wallace Mitchell-El, Michael Page, Earnest Joyner, Appellants Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Wallace Mitchell-El, Michael Page, and Earnest Joyner appeal

from the district court's orders dismissing without prejudice their

complaint pursuant to

(West Supp. 1999) and deny-

ing their motion for reconsideration. A dismissal without preju-

dice is a final order only if “'no amendment [to the complaint]

could cure the defects in the plaintiff's case.'" See Domino Sugar

Corp. v. Sugar Workers Local Union 392,

(4th

Cir. 1993). In ascertaining whether a dismissal without prejudice

is reviewable in this court, we must determine whether the Appel-

lants “could save [the] action by merely amending [the] complaint."

Because the grounds for dismissal of this action show that the

Appellants could save the action by refiling in the district court,

the dismissal order and the order denying reconsideration are not

appealable. Accordingly, we dismiss the appeal for lack of juris-

diction. We deny the motion for appointment of counsel and dis-

pense 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

3