Schmidt v. United States Postal Service

U.S. Court of Appeals for the Fourth Circuit February 26, 2003

Schmidt v. United States Postal Service, 56 F. App'x 173 (4th Cir. 2003)

Opinion

PER CURIAM.

Harald Schmidt appeals the district court’s order dismissing without prejudice his civil action for failure to exhaust administrative remedies. * We have re *174 viewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Schmidt v. United States Postal Serv., No. CA-02-857-A (E.D. Va. filed Aug. 2, 2002, and entered Aug. 7, 2002). 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.

AFFIRMED.

Generally, dismissals without prejudice are not appealable. Domino Sugar Corp. v. Sugar *174 Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). However, a dismissal without prejudice could be final if no amendment to the complaint could cure the defects in the plaintiff’s case. Id. at 1066-67. We find that the district court's order is a final, appealable order because the defect in the complaint-failure to exhaust administrative remedies-had to be cured by something more than an amendment to the complaint. Id.

Reference

Full Case Name: Harald SCHMIDT, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee
Status: Unpublished