UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7134

CARLOS R. MAYBERRY,

Plaintiff - Appellant,

v.

CHARVETTE HENSON-BECKETT, Assistant Warden; PENNY L. CULLY, Librarian; ROBERT KOPPEL, Warden; GARY MAYBERRY; CARLTON APPLEWHITE; MARTIN O’MALLEY; TECHNOLOGY DEVELOPMENT CORPORATION; MARY L. LIVERS,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:08-cv-01113-RDB)

Submitted: October 21, 2008 Decided: October 29, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carlos R. Mayberry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Carlos R. Mayberry appeals the district court’s order

dismissing without prejudice Mayberry’s complaint filed pursuant

to

(2000). Because Mayberry may resubmit his

complaint as amended to cure the defects identified by the

district court, the dismissal order is not appealable. See Chao

v. Rivendell Woods, Inc.,

(4th Cir. 2005);

Domino Sugar Corp. v. Sugar Workers Local Union 392,

(4th Cir. 1993). Accordingly, we dismiss the

appeal. Mayberry’s motions for extension and for injunctive

relief are denied. 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

2