Brown v. SC Dept Corr ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7495
CLENARD BROWN,
Plaintiff - Appellant,
versus
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS;
MICHAEL MOORE, Director of SCDC; DOUGLAS A.
ROBINSON, Construction Supervisor, SCDC,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. William B. Traxler, Jr., District
Judge. (CA-96-1966-2-21AJ)
Submitted: January 7, 1997 Decided: January 24, 1997
Before MURNAGHAN, ERVIN, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Clenard Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order dismissing his
42 U.S.C. § 1983 (1994) complaint without prejudice. A dismissal
without prejudice is not reviewable by the court unless the reasons
stated for the dismissal clearly disclose that no amendment to the
complaint could cure its defects. Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). In
the present case, the district court expressly referred Appellant
to the magistrate judge's report and recommendation for instruc-
tions on how to cure his defective complaint. The appeal is there-
fore dismissed. 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