Belton v. Amos
Belton v. Amos
Opinion
Larry E. Belton, Sr. seeks to appeal the district court’s second amended order and judgment adopting the recommendation of the magistrate judge and dismissing his civil action with prejudice as to two Defendants (the United States and Bonnie Franklin), and dismissing the complaint without prejudice as to the remaining Defendants. Finding no reversible error, we affirm for the reasons stated by the district court. Belton v. Amos, No. CA-03-3547-3 (D.S.C. Nov. 5, 2004; Nov. 12, 2004). See 38 U.S.C. §§ 511(a), 7104, 7252, 7291, 7297 (2000); 28 U.S.C. §§ 1254, 1296 (2000); Fed.R.Civ.P. 17; see generally Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). We deny Appellee Fairfield Manor Nursing Home’s motion to dismiss the appeal; even though the dismissal order was without prejudice as to this party, no amendment could cure the defect in Belton’s complaint against Fairfield Manor Nursing Home. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993). Nevertheless, the district court’s order is affirmed as to Fairfield Manor Nursing Home. We deny Belton’s motions for sanctions and other relief. 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.