Gregory Rice v. State of Maryland

Filing 920080404


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6178 GREGORY RICE, Plaintiff - Appellant, v. STATE OF MARYLAND; GREGORY ALTON, Washington County Sheriff's Department; TARA BENDER, Washington County Sheriff's Department; DISTRICT COURT OF MARYLAND FOR WASHINGTON COUNTY; CIRCUIT COURT; STATES ATTORNEY'S OFFICE, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07-cv03294-RWT) Submitted: March 27, 2008 Decided: April 4, 2008 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Gregory Rice, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory dismissing complaint.* error. without Rice appeals the 42 district U.S.C. court's 1983 order (2000) prejudice his We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the Rice v. Maryland, No. 8:07-cv-03294-RWT (D. Md. We dispense with oral argument because the facts district court. Jan. 3, 2008). and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED Generally, dismissals without prejudice are interlocutory and not appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). However, a dismissal without prejudice could be final if no amendment to the complaint could cure the defect in the plaintiff's case. Id. at 1066-67. We conclude that the defects in this case can only be cured by something more than an amendment to the complaint and that the order is therefore appealable. - 2 - *

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