Robert Smart v. Alan Wilson ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7411
ROBERT DALE SMART,
Plaintiff - Appellant,
v.
ALAN WILSON, SC Att. General; BRADFORD CRANSHAW, Attorney;
JOHN BELTON WHITE, Attorney; SAM WHITE, Public Safety Dir.;
DR. RAVENELL SMITH,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. G. Ross Anderson, Jr., Senior
District Judge. (2:11-cv-02087-GRA)
Submitted: April 19, 2012 Decided: April 24, 2012
Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Dale Smart, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Dale Smart appeals the district court’s order
accepting the recommendation of the magistrate judge and
disimssing without prejudice his 42 U.S.C. § 1983 (2006)
complaint.* We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. Smart v. Wilson, No. 2:11-cv-02087-GRA (D.S.C.
Oct. 11, 2011). We deny Smart’s motions to amend the caption
and for default judgment. 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.
AFFIRMED
*
No amendment to Smart’s complaint could save his action;
thus, the district court’s dismissal without prejudice is a
final, appealable order. See Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993).
2