Jerry Glenn Joshua v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 4th Cir. 1993 . 2 PER CURIAM:…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6505
JERRY GLENN JOSHUA,
Petitioner - Appellant,
versus
FEDERAL COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-03-159-2)
Submitted: May 15, 2003 Decided: May 29, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerry Glenn Joshua, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* Because no amendment to Joshua’s petition could cure the
deficiency for which it was dismissed, the dismissal without
prejudice is a final, appealable order. See Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.
1993).
2
PER CURIAM:
Jerry Glenn Joshua seeks to appeal the district court’s order
dismissing his petition filed under 28 U.S.C. § 2254 (2000) without
prejudice because he is in federal, not state, custody. We have
independently reviewed the record and conclude that Joshua has not
made a substantial showing of the denial of a constitutional right.
See Miller-El v. Cockrell, 123 S. Ct. 1029 (2003). Accordingly, we
deny a certificate of appealability and dismiss the appeal. See 28
U.S.C. § 2253(c) (2000). * 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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