Opinion
No. 11-6117.
Submitted: April 28, 2011.
Decided: May 4, 2011.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:09-ct-03127-D).
Adrian Dominic Watkins, Appellant Pro Se.
Before DAVIS, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Adrian Dominic Watkins appeals from the district court's order dismissing his 42 U.S.C. § 1983 (2006) complaint without prejudice because it failed to comply with Fed.R.Civ.P. 8(a)(2). Generally, a district court's dismissal of a complaint without prejudice is not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993) (holding 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 plaintiffs case") (alteration in original) (internal quotation marks omitted). In this case, Watkins would be able to save his action by amending his complaint to comply with the district court's order. Therefore, the district court's dismissal of Watkins' complaint without prejudice is not an appealable final order. 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.
DISMISSED.