Ronald Hayward, Petitioner Appellant, v. Earl D. Beshears; Attorney General of the State Ofmaryland, Respondents Appellees, 27 F.3d 563 (4th Cir. 1994)

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U.S. Court of Appeals for the Fourth Circuit - 27 F.3d 563 (4th Cir. 1994) Submitted May 24, 1994. Decided June 22, 1994

Appeal from the United States District Court for the District of Maryland, at Baltimore. Edward S. Northrop, Senior District Judge. (CA-94-425-N)

Ronald Hayward, appellant pro se.

D. Md.

DISMISSED.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

PER CURIAM:


Appellant seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. § 2254 (1988) action for failure to exhaust state remedies. Because Appellant could cure the defects in his complaint through amendment, the order dismissing his complaint is not appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 (4th Cir. 1993). Accordingly, we dismiss the appeal, and we dispense with oral argument because the facts and legal contentions are adequately presented and argument would not aid the decisional process.

DISMISSED

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