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    The document is a court case ruling dismissing an appeal from a district court's dismissal without prejudice of a plaintiff's 42 U.S.C. § 1983 complaint and denial of several motions. The appellate court found that the district court's dismissal without prejudice was not appealable, as the plaintiff could have amended the complaint to potentially cure any defects. Therefore, the appellate court dismissed the appeal for lack of jurisdiction, as the order was not a final, appealable order.

    Original Description:

    Filed: 1995-05-19 Precedential Status: Precedential Citations: 54 F.3d 773 Docket: 94-7494

    Original Title

    William Green v. Giant Records, Incorporated Alabama Lionel Cartwright Mikki Howard Tara Temp R. McEntire Color Me Badd John Doe, and Other Unnamed Recording Artists Mark Chestnut Ichiban Records, Incorporated Keisha Jackson, Individually and in Their Official Capacities, 54 F.3d 773, 4th Cir. (1995)

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    The document is a court case ruling dismissing an appeal from a district court's dismissal without prejudice of a plaintiff's 42 U.S.C. § 1983 complaint and denial of several motions. The appellate court found that the district court's dismissal without prejudice was not appealable, as the plaintiff could have amended the complaint to potentially cure any defects. Therefore, the appellate court dismissed the appeal for lack of jurisdiction, as the order was not a final, appealable order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    10 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The document is a court case ruling dismissing an appeal from a district court's dismissal without prejudice of a plaintiff's 42 U.S.C. § 1983 complaint and denial of several motions. The appellate court found that the district court's dismissal without prejudice was not appealable, as the plaintiff could have amended the complaint to potentially cure any defects. Therefore, the appellate court dismissed the appeal for lack of jurisdiction, as the order was not a final, appealable order.

    Copyright:

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    of 2

    54 F.

    3d 773
    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    William GREEN, Plaintiff-Appellant,


    v.
    GIANT RECORDS, INCORPORATED; Alabama; Lionel
    Cartwright;
    Mikki Howard; Tara Temp; R. Mcentire; Color Me Badd;
    John Doe, and other unnamed recording artists; Mark
    Chestnut; Ichiban Records, Incorporated; Keisha Jackson,
    individually and in their official capacities, DefendantsAppellees.
    No. 94-7494.

    United States Court of Appeals, Fourth Circuit.


    Submitted: April 20, 1995.
    Decided: May 19, 1995.

    William Green, Appellant Pro Se.


    D.S.C.
    DISMISSED.
    Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.
    PER CURIAM:

    Appellant appeals from the district court's order dismissing without prejudice
    his 42 U.S.C. Sec. 1983 (1988) complaint and denying several motions. The
    district court's dismissal without prejudice is not appealable. See Domino Sugar
    Corp. v. Sugar Workers' Local Union 392, 10 F.3d 1064, 1066-67 (4th
    Cir.1993). A dismissal without prejudice could be final if "no amendment [to
    the complaint] could cure defects in the plaintiff's case." Id. at 1067. In

    ascertaining whether a dismissal without prejudice is reviewable in this Court,


    the Court must determine "whether the plaintiff could save his action by merely
    amending the complaint." Id. at 1066-67.
    2

    Since Appellant could have amended his complaint to assert some claims, we
    dismiss the appeal for lack of jurisdiction because we find the order is not
    appealable.

    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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