U.S. Court of Appeals for the Fourth Circuit, 2004

Jackson v. Sprid

Jackson v. Sprid
U.S. Court of Appeals for the Fourth Circuit · Decided February 26, 2004 · Niemeyer, Gregory, Shedd
88 F. App'x 635

Jackson v. Sprid

Opinion

PER CURIAM.

Troy Matthew Jackson appeals the district court’s order dismissing without prejudice his complaint filed pursuant to 42 U.S.C. § 1983 (2000). The district court’s dismissal without prejudice is not appeal-able. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). A dismissal without prejudice is a final order only if “ ‘no amendment [in the complaint] could cure the defects in the plaintiffs case.’ ” Id. at 1067 (quoting Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7th Cir. 1988)). In ascertaining whether a dismissal without prejudice is reviewable in this court, we must determine “whether the plaintiff could save his action by merely amending his complaint.” Id. at 1066-67. In this case, Jackson may move in the district court to reopen his case and to file an amended complaint specifically alleging facts sufficient to state a § 1983 claim. Therefore, 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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.