Hugh Epps v. Robert Wagner

Filing 920090601

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6442 HUGH ROYAL EPPS, Plaintiff - Appellant, v. ROBERT WAGNER, Attorney, Defendant - Appellee. No. 09-6445 HUGH ROYAL EPPS, Plaintiff - Appellant, v. GERALD THOMAS ZERKIN, Attorney, Defendant - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00808-JRS; 3:08-cv-00807-JRS) Submitted: May 21, 2009 Decided: June 1, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Hugh Royal Epps, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In district these consolidated appeals, his Hugh Epps appeals without court orders dismissing complaints prejudice for failing to file in a timely manner a short plain statement of jurisdiction. Epps was free to amend the complaints to cure the defects. A dismissal without prejudice is not reviewable by this court unless the reasons stated for the dismissal clearly disclose that no amendment to the complaint could cure its defects. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 66-67 (4th Cir. 1993). dismiss Because Epps could cure the defect in each complaint, we the appeals. Id. 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 3

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