David Garner v. Columbia Care Center

Filing 920090430

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8111

DAVID LEE GARNER, Plaintiff - Appellant, v. COLUMBIA CARE CENTER, Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Terry L. Wooten, District Judge. (3:07-cv-03653-TLW)

Submitted:

April 23, 2009

Decided:

April 30, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Lee Garner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: David Lee Garner seeks to appeal the district court's order adopting his the 42 recommendation U.S.C. § 1983 of magistrate judge and

dismissing prejudice. defects

(2006)

complaint

without

Because Garner may amend his complaint to cure the by the district court, not we find that the See

identified order is

dismissal

interlocutory

and

appealable.

Chao v. Rivendell Woods, Inc. 415 F.3d 342, 345 (4th Cir. 2005); Domino Sugar Corp. v. Sugar Workers Local Union, 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the

appeal for lack of jurisdiction.

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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