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88 F. App'x 666

Smith v. Robinson

U.S. Courts of Appeals

Decided March 3, 2004

U.S. Courts of Appeals · decided 2004-03-03

Applies 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 · Coniston Corporation v. Village of Hoffman Estates

Dismissed by unpublished PER CURIAM opinion · Decided 2004-03-03

PER CURIAM.

¶1 Aalon Smith appeals the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) action. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 41(b) for failure to immediately notify the court of his change in address. Because of that failure, correspondence from the court addressed to Smith was returned as undeliverable.

¶2 The district court’s dismissal without prejudice is not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). A dismissal without prejudice is a final order only if “ ‘no amendment [in the complaint] could cure the defects in the plaintiffs case.’ ” Id. at 1067 (quoting Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7th Cir.1988)). In ascertaining whether a dismissal without prejudice is reviewable in this court, we must determine “whether the plaintiff could save his action by merely amending his complaint.” Domino Sugar, 10 F.3d at 1066-67. In this case, Smith may move in the district court to reopen his case and to file a signed complaint giving his present address. Therefore, the dismissal order is not appealable.

¶3 Accordingly, we dismiss the appeal for lack of jurisdiction. 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.

¶4 DISMISSED

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