Johns v. Harris, No. 06-6013 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6013 JOSHUA BERNARD JOHNS, Plaintiff - Appellant, versus JOANN H. HARRIS, Treatment Supervisor; LINDA MONTALTANO, Central Classification Service; PEARSON, Warden, Programs Director, EDDIE L. Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-05-1257-1) Submitted: June 30, 2006 Decided: July 25, 2006 Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Joshua Bernard Johns, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Joshua Bernard Johns seeks to appeal the district court s order dismissing his complaint without prejudice for failure to state a claim upon which relief can be granted. Because Johns can file an amended complaint in the district court to cure the defect identified in the dismissal order, the district court s order is not reviewable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993). Accordingly, we deny Johns motions for summary disposition, a continuance, and to amend his complaint on appeal, and we dismiss the appeal. 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 - 2 -

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