Paul Graham v. State of Maryland Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6237
PAUL GRAHAM,
Plaintiff - Appellant,
versus
STATE OF MARYLAND DEPARTMENT OF CORRECTIONS;
CORPORAL HAMILTON; CHIEF WELLS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(CA-03-38-CCB)
Submitted: June 9, 2005 Decided: June 15, 2005
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Paul Graham, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Paul Graham appeals from an order of the district court
dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint
for failure to provide the court with an updated mailing address.
This court has held “that a plaintiff may not appeal the dismissal
of his complaint without prejudice unless the grounds for dismissal
clearly indicate that ‘no amendment [in the complaint] could cure
the defects in the plaintiff’s case.’” Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993).
Because Graham may refile his complaint and provide the court with
his new address, we dismiss the appeal as interlocutory. We deny
Graham’s motions for appointment of counsel and 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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