Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.elliott Gaines, Plaintiff-appellant, v. John B. Metzger, Iii; James S. Gilmore, Iii; Ron Angelone;john Jabe; George Allen, Defendants-appellees, 92 F.3d 1178 (4th Cir. 1996)

Appellant appeals from the district court's order denying relief without prejudice on his complaint regarding his parole denial. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm in part as to any habeas corpus claims that Gaines raised challenging the actual denial of parole and seeking release on the reasoning of the district court. Gaines v. Metzger, No. CA-95-1468-AM (E.D. Va. Nov. 9, 1995).

We dismiss the appeal of any claims made under 42 U.S.C. § 1983 (1988) challenging the procedures used by the state in making parole determinations. The district court's dismissal without prejudice of these claims is not appealable. See Domino Sugar Corp. v. Sugar Workers' Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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 the complaint." Id. A dismissal without prejudice is a final, appealable order only if "no amendment [to the complaint] could cure the defects in the plaintiff's case." Id. at 1067. Because Appellant could amend his complaint to specify only challenges to parole procedures under § 1983, see Greenholtz v. Inmates of Neb. Penal & Correctional Complex, 442 U.S. 1 (1979), we dismiss the appeal for lack of jurisdiction because we find that portion of the order is not appealable.

We deny Appellant's motion to appoint counsel and 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.

AFFIRMED IN PART; DISMISSED IN PART.