Clemmon Augusta Woodard v. Sheriff Donnie Harrison; Medical Staff of Wake County Jail

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6626
CLEMMON AUGUSTA WOODARD,
Plaintiff - Appellant,
v.
SHERIFF DONNIE HARRISON; MEDICAL STAFF OF WAKE COUNTY JAIL,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
District Judge. (5:08-ct-03177-D)
Submitted: October 13, 2011 Decided: October 17, 2011
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Clemmon Augusta Woodard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clemmon Augusta Woodard seeks to appeal the district
court’s dismissal of his 42 U.S.C. § 1983 (2006) complaint
without prejudice because he failed to comply with the district
court’s order to particularize his complaint. 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, 1067 (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). “However, . . . if the grounds of the dismissal
make clear that no amendment could cure the defects in the
plaintiff’s case, the order dismissing the complaint is final in
fact and [appellate jurisdiction exists].” Id. at 1066
(alteration in original) (internal quotation marks omitted).
In this case, Woodard may be able to save his action
by amending his complaint to comply with the district court’s
order to particularize. Therefore, the district court’s
dismissal of Woodard’s complaint without prejudice is not an
appealable final order. 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

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materials before the court and argument would not air the
decisional process.
DISMISSED

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