Lawrence Terry v. United States Postal Service

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1021
LAWRENCE TERRY,
Plaintiff - Appellant,
v.
UNITED STATES POSTAL SERVICE,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:10-cv-02095-JFA)
Submitted: March 15, 2011 Decided: March 21, 2011
Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Lawrence Terry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lawrence Terry appeals the district court’s order
adopting the magistrate judge’s recommendation and dismissing
without prejudice his suit as barred by sovereign immunity.∗
AFFIRMED
On
appeal, we confine our review to the issues raised in the
Appellant’s brief. See 4th Cir. R. 34(b). Because Terry’s
informal brief does not challenge the basis for the district
court’s disposition, Terry has forfeited appellate review of the
court’s order. Accordingly, we affirm the district court’s
judgment. 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.
∗ Generally, dismissals without prejudice are interlocutory
and not appealable. Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). However, a
dismissal without prejudice could be final if no amendment to
the complaint could cure the defect in the plaintiff’s case.
Id. at 1066-67; see also Chao v. Rivendell Woods, Inc., 415 F.3d
342, 345 (4th Cir. 2005). We conclude that the defect
identified by the district court cannot be cured by an amendment
to the complaint and that the order is therefore appealable.

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