Tarone Jones v. US

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999087782-2] Originating case number: 1:11-cv-00115-IMK-JSK Copies to all parties and the district court/agency. [999138066]. Mailed to: T. Jones. [13-6497]

Appeal: 13-6497

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Filed: 06/26/2013

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6497

TARONE M. JONES,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA; WARDEN JAMES CROSS; J. CROGAN,
Associate Warden; J. COAKLEY, Associate Warden; H. BOYLES,
Health Service Administrator; M. WEAVER, Assistant Health
Service Administrator; T. BROWN-STOBBE, Health Service/Care
Provider; B. FRIEND, Health Service/Care Provider; I.
ALARCON, Health Service/Care Provider; UNIT MANAGER R.
MILTON, Unit Manager; L. HOLCOMB, Unit Case Manager; J.
DICKSON, Unit Counselor; W. DOBUSHAK, Health Service/Care
Provider; D. SWEENEY, Unit Manager,
Defendants - Appellees.

Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:11-cv-00115-IMK-JSK)

Submitted:

June 20, 2013

Decided:

June 26, 2013

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tarone M. Jones, Appellant Pro Se.
Alan McGonigal, Assistant
United States Attorney, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6497

Doc: 13

Filed: 06/26/2013

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PER CURIAM:
Tarone
accepting

the

M.

Jones

appeals

recommendation

of

the

district

the

court’s

magistrate

order

judge

and

dismissing with prejudice Jones’ claims pursuant to Bivens v.
Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S.
388

(1971),

and

dismissing

without

prejudice

Jones’

claims

pursuant to the Federal Torts Claim Act, 28 U.S.C. § 1346(b)
(2006), amended by Violence Against Women Reauthorization Act of
2013,
§§

Pub.

L.

No.

113-4,

2671-2680 (2006). ∗

reversible error.

127

Stat.

54,

134,

and

28

U.S.C.

We have reviewed the record and find no

Accordingly, we affirm for the reasons stated

by the district court.

Jones v. United States, No. 1:11-cv-

00115-IMK-JSK (N.D.W. Va. Mar. 12, 2013).

We deny Jones’ motion

to appoint counsel, and we dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.
AFFIRMED

∗

While
dismissals
without
prejudice
generally
are
interlocutory and not appealable, a dismissal without prejudice
may be final if no amendment to the complaint can cure the
defects in the plaintiff’s case.
Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
On the available record, we conclude that the defects identified
by the district court cannot be cured by an amendment to the
complaint and that the order therefore is appealable.

2