Anthony Lee McNair v. Robert A. Evan

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1873
ANTHONY LEE MCNAIR,
Plaintiff - Appellant,
v.
ROBERT A. EVAN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:12-cv-00069-FL)
Submitted: November 13, 2012 Decided: November 15, 2012
Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Lee McNair, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony Lee McNair appeals the district court’s order
dismissing his civil action without prejudice as frivolous and
as barred by the terms of a pre-filing injunction.* We have
reviewed the record and find no reversible error. Accordingly,
we grant leave to proceed in forma pauperis and affirm for the
reasons stated by the district court. McNair v. Evan, No. 4:12-
cv-00069-FL (E.D.N.C. July 4 & 11, 2012). 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
* Generally, orders dismissing complaints without prejudice
are interlocutory and not appealable. Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.
1993) (holding that an order dismissing a complaint without
prejudice is a final, appealable order only if “no amendment [to
the complaint] could cure the defects in the . . . case”
(internal quotation marks omitted)). However, orders dismissing
actions or cases without prejudice are appealable. Chao v.
Rivendell Woods, Inc., 415 F.3d 342, 345 (4th Cir. 2005). Where
a district court’s dismissal is without prejudice, we evaluate
the particular grounds for dismissal to determine whether the
appellant could save his action by amending the complaint. Id.
We find that the district court’s order is an appealable order
because the defects in McNair’s proposed complaint must be cured
by something other than an amendment.

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