Patrick O. Parker, Sr. v. JOSEPH A. HIGGS, JR., Superintendent

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7160
PATRICK O. PARKER, SR.,
Plaintiff - Appellant,
v.
JOSEPH A. HIGGS, JR., Superintendent; L. WALLACE, Ombudsman;
R. WILSON, Mr., Deputy Superintendent; SIMPSON, Sgt.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:06-cv-00663-REP)
Submitted: December 15, 2009 Decided: December 17, 2009
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Patrick O. Parker, Sr., Appellant Pro Se. Alexander Francuzenko,
COOK, KITTS & FRANCUZENKO, PLLC, Fairfax, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Patrick O. Parker, Sr., appeals a district court order
dismissing his civil rights complaint concerning alleged
interference with his right to worship. Insofar as Parker
appeals the order granting summary judgment to Simpson, we have
reviewed the record and the district court’s order and affirm
for the reasons cited by the district court. See Parker v.
Higgs, No. 3:06-cv-00663-REP (E.D. Va. June 4, 2009). Insofar
as Parker appeals from the district court order dismissing
without prejudice his complaint against the remaining
Defendants, a dismissal without prejudice is not reviewable by
this court unless the reasons stated for the dismissal clearly
disclose that no amendment to the complaint could cure its
defects. See Domino Sugar Corp. v. Sugar Workers Local Union
392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Because Parker
could cure the defect in the complaint, we dismiss in part 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.
AFFIRMED IN PART;
DISMISSED IN PART

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