U.S. Court of Appeals for the Fourth Circuit, 2013

Justin Kramer v. Virginia State Court System

U.S. Court of Appeals for the Fourth Circuit · Decided June 25, 2013 · Gregory, Duncan, Davis

530 F. App'x 263

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Justin S. Kramer appeals the district court’s order dismissing without prejudice his civil action for lack of subject-matter jurisdiction under Fed.R.Civ.P. 12(h)(3). * We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Kramer v. Va. State Court Sys., No. 6:13-cv-00007-NKM, 2013 WL 373573 (W.D.Va. Jan. 30, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

While dismissals without prejudice generally are interlocutory and not appealable, a dismissal without prejudice may be final if no amendment to the complaint can cure the defects in the plaintiff’s case. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). On the available record, we conclude that the defects identified by the district court cannot be cured by an amendment to the complaint and that the order therefore is appealable.

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