Public-domain · open source
OpenJurist

47 F. App'x 680

Adams v. Dobbins

U.S. Courts of Appeals

Decided October 10, 2002

This page is marked noindex.

U.S. Courts of Appeals · decided 2002-10-10

Applies 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Affirmed in part and dismissed in part by unpublished… · Decided 2002-10-10

PER CURIAM.

¶1 Jerry Lewis Adams appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint. Adams alleged the Defendant failed to provide him with adequate, effective, and meaningful access to the courts. Adams also alleged the Defendant discriminated against him by providing another prisoner with special access to the prison law library. The district court dismissed Adams’ discrimination claim without prejudice pursuant to 28 U.S.C. § 1915A and dismissed Adams’ access to courts claim pursuant to Fed. R.Civ.P. 12(b)(6).

¶2 With regard to Adams’ denial of access to courts claim, we affirm on the reasoning of the district court. See Adams v. Dobbins, No. CA-01-964 (W.D.Va. Apr. 12, 2002). With regard to Adams’ discrimination claim, because he may cure any deficiency by filing an amended complaint, we dismiss the appeal for lack of jurisdiction because the order is not a final, appealable order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). We deny Adams’ motion to amend the caption in this case. 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.

¶3 AFFIRMED IN PART; DISMISSED IN PART.

/47/fappx/680 · .json · Public domain