Calvin Mallory v. Virginia Parole Board

Filing 920091229

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7458 CALVIN RUFFIN MALLORY, Plaintiff - Appellant, v. VIRGINIA PAROLE BOARD; VIRGINIA DEPARTMENT OF CORRECTIONS, Defendants Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:09-cv-00466-JRS) Submitted: December 17, 2009 Decided: December 29, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin Ruffin Mallory, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Ruffin Mallory seeks to appeal the district court's dismissal of his complaint without prejudice because he failed to comply with the district court's October 4, 2002, order enjoining him from filing pleadings that do not comport with certain requirements, such as legibility and submission on the proper forms. Generally, a district court's dismissal of a complaint without prejudice is not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993) (holding that "a plaintiff may not appeal the dismissal of his complaint without prejudice unless the grounds for dismissal clearly indicate that no amendment [in the complaint] could cure the defects in the plaintiff's case") (alteration in original) (internal quotation marks omitted). the dismissal in make clear that no However, "if the grounds of amendment the order could cure the the defects the plaintiff's case, dismissing complaint is final in fact and [appellate jurisdiction exists]." Id. at 1066 (alteration in original) (internal quotation marks omitted). In this case, Mallory may be able to save his action by amending his complaint to comply with the district court's October 4, 2002, order. Therefore, 2 the district court's dismissal of Mallory's complaint without prejudice is not an appealable final order. lack of jurisdiction. Accordingly, we dismiss the appeal for We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not air the decisional process. DISMISSED 3

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