Terry Thorne v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-ct-03069-FL Copies to all parties and the district court/agency. [998679214]. Mailed to: T. Thorne-El. [11-6636]

Appeal: 11-6636

Document: 22

Date Filed: 09/16/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6636

T. THORNE-EL,
Plaintiff – Appellant,
v.
STATE OF NORTH CAROLINA,
Defendant – Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
Chief District Judge. (5:11-ct-03069-FL)

Submitted:

September 13, 2011

Decided:

September 16, 2011

Before AGEE, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

T. Thorne-El, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6636

Document: 22

Date Filed: 09/16/2011

Page: 2 of 2

PER CURIAM:
T.

Thorne-El

appeals

the

district

dismissing his complaint without prejudice.

court's

order

Because Thorne-El

may amend his complaint to cure the defects identified by the
district court, the dismissal order is interlocutory and not
appealable.

See 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

2