Public-domain · open source
OpenJurist

8 F. App'x 257

Powell v. Ely

U.S. Courts of Appeals

Decided May 7, 2001

U.S. Courts of Appeals · decided 2001-05-07

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

Decided 2001-05-07

PER CURIAM.

¶1 Kiasi Powell appeals the district court’s order dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.2000) complaint for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C.A. § 1915A(b)(l) (West Supp.2000). * We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Powell v. Ely, No. CA-01-5-7 (W.D.Va. Jan. 12, 2001). 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.

¶2 AFFIRMED.

*

¶3 Generally, dismissals without prejudice are not appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir.1993). We find, however, that the district court’s order is a final, appealable order because no amendment can cure the defect in Powell’s complaint. Id. at 1066-67.

/8/fappx/257 · .json · Public domain