Warren Chase v. C. BUTLER, Cpl.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6224
WARREN CHASE,
Plaintiff - Appellant,
v.
C. BUTLER, Cpl.; D. HICKS, Cpl.; MICHAEL HICKS, Cpl.; P.
HOLMES, Cpl.; MR. GREEN, Cpl.; EACH ONE OF THE VARIOUS OTHER
UNIDENTIFIED CORPORALS LISTED AS JANE AND JOHN DOES; EACH
ONE OF THE UNIDENTIFIED SERGEANTS LISTED AS JANE AND JOHN
DOES; EACH OF THE UNIDENTIFIED LIEUTENANTS LISTED AS JANE
AND JOHN DOES; EACH OF THE UNIDENTIFIED CAPTAINS LISTED AS
JOHN AND JOHN DOES; EACH OF THE UNIDENTIFIED MAJORS LISTED
AS JANE OR JOHN DOES; THE UNIDENTIFIED CHIEF OF SECURITY;
UNIDENTIFIED WARDEN AND ASSISTANT WARDEN; CORRECTIONAL
MEDICAL SERVICE, INCORPORATED, Medical Contract; HORACE
ARCHAMPONG, Registered Nurse; D. LANE, Lieutenant; ERIC
NELSON, Captain; D. GREEN, Cpl.; V. BAYNES, Sgt.; E.
THOMPSON, Sgt.; M. REID, Major; UNIDENTIFIED MCAC CHIEF OF
SECURITY; UNIDENTIFIED MCAC WARDEN; TYRONE CROWDER; DONA
RILEY, Correctional Medical Services, Inc. (CMS) Registered
Nurse; ZERABRUCH TEWELDE, CMS, Doctor; THAN DOC COMMISSIONER
AND ASSISTANT COMMISSIONER; MARY ANN SAAR, Secretary; EACH
ONE OF THE UNIDENTIFIED N.B.C.I.H.U. #1 UNIDENTIFIED
CORPORALS LISTED AS JOHN AND JANE DOES; EACH ONE OF THE
UNIDENTIFIED N.B.C.I. HU. #1 SERGEANTS LISTED AS JOHN AND
JANE DOES; EACH ONE OF THE UNIDENTIFIED LIEUTENANTS LISTED
AS JOHN AND JANE DOES; EACH ONE OF THE UNIDENTIFIED CAPTAINS
AND MAJORS LISTED AS JOHN AND JANE DOES; K. DANIEL
NORTHCRAFT, Chief of Security; JOHN A. ROWLEY, Warden and
Assistant Warden; RICHARD J. GRAHAM, Warden and Assistant
Warden; J. MICHAEL STOUFFER, Commissioner and Assistant
Commissioner; JOHN P. GALLEY, Commissioner and Assistant
Commissioner; GARY D. MAYNARD, Secretary and Deputy
Secretary; S. LAWRENCE FRANKLIN, Secretary and Deputy
Secretary; STEVEN R. BRAY, CMS Nurse; TIM, CMS Nurse;

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TEARESA, CMS Nurse; RACHAEL, CMS Nurse; A. AFRICA, CMS
Nurse,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:08-cv-03483-CCB)
Submitted: July 23, 2009 Decided: July 29, 2009
Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Warren Chase, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2

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3
PER CURIAM:
Warren Chase appeals a district court order dismissing
his civil rights complaint concerning conditions of confinement
and medical treatment. Insofar as Chase appeals the order
dismissing his complaint as it pertained to events in August and
September 2006, we have reviewed the record and the district
court order and affirm for the reasons cited by the district
court. See Chase v. Butler, No. 1:08-cv-03483-CCB (D. Md. filed
Jan. 26, 2009; entered Jan. 27, 2009). Insofar as Chase appeals
from the district court order dismissing without prejudice his
complaint as it concerned events in 2008, 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 Chase 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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