James A. Brown, Jr v. Town of Farmville, Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6337
JAMES A. BROWN, JR.,
Plaintiff - Appellant,
versus
TOWN OF FARMVILLE, VIRGINIA; PRINCE EDWARD
COUNTY; PIEDMONT REGIONAL JAIL; LEWIS W.
BARLOW, Superintendent for Piedmont Regional
Jail; EDWARD GORDON, M.D.; EDWARD CHAFFIN,
R.N.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-01-140-3)
Submitted: May 21, 2002 Decided: June 24, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James A. Brown, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
James A. Brown, Jr., appeals the district court’s order
accepting the recommendation of the magistrate judge and dismissing
without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2001) action.
The magistrate judge recommended dismissing the complaint because
Brown failed to indicate any named Defendant was aware he did not
timely receive his medication or was deliberately indifferent to
that fact and Brown did not allege specific facts to support his
bare assertion of retaliation. The district court dismissed the
appeal without prejudice because Brown failed to timely object to
the magistrate judge’s report.
Because Brown may be able to proceed with this action by
amending his complaint to allege sufficient facts to state a claim,
the dismissal order is not final and thus is not subject to
appellate review. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
We therefore dismiss the appeal. 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

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