Lawrence Terry v. USPS, No. 11-1021 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1021 LAWRENCE TERRY, Plaintiff - Appellant, v. UNITED STATES POSTAL SERVICE, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (3:10-cv-02095-JFA) Submitted: March 15, 2011 Before MOTZ and Circuit Judge. WYNN, Circuit Decided: Judges, and March 21, 2011 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Lawrence Terry, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lawrence adopting the Terry magistrate appeals judge s the district recommendation court s and order dismissing without prejudice his suit as barred by sovereign immunity. appeal, we confine Appellant s brief. our review to the issues See 4th Cir. R. 34(b). raised in On the Because Terry s informal brief does not challenge the basis for the district court s disposition, Terry has forfeited appellate review of the court s order. judgment. legal before we affirm the district court s We dispense with oral argument because the facts and contentions the Accordingly, court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED Generally, dismissals without prejudice are interlocutory and not appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). However, a dismissal without prejudice could be final if no amendment to the complaint could cure the defect in the plaintiff s case. Id. at 1066-67; see also Chao v. Rivendell Woods, Inc., 415 F.3d 342, 345 (4th Cir. 2005). We conclude that the defect identified by the district court cannot be cured by an amendment to the complaint and that the order is therefore appealable. 2
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