U.S. Court of Appeals for the Fourth Circuit, 2006

Johns v. Harris

Johns v. Harris
U.S. Court of Appeals for the Fourth Circuit · Decided July 25, 2006 · Wilkinson, Niemeyer, Williams
191 F. App'x 184

Johns v. Harris

Opinion

PER CURIAM:

Joshua Bernard Johns seeks to appeal the district court’s order dismissing his complaint without prejudice for failure to state a claim upon which relief can be granted. Because Johns can file an amended complaint in the district court to cure the defect identified in the dismissal order, the district court’s order is not reviewable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993). Accordingly, we deny Johns’ motions for summary disposition, a continuance, and to amend his complaint on appeal, and we dismiss the appeal. 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.

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