Harold Thornton v. Christopher Zych, No. 14-6386 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6386 HAROLD J. THORNTON, Petitioner - Appellant, v. CHRISTOPHER ZYCH, Warden, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:14-cv-00065-GEC-RSB) Submitted: May 29, 2014 Decided: June 3, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Harold Jerome Thornton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Harold the district (2012) Jerome court s petition We have for reviewed order lack the Accordingly, affirm court. we we for a federal dismissing of record although pauperis, Thornton, grant the his subject and prisoner, 28 matter appeals U.S.C. jurisdiction. * find no reversible leave to proceed reasons stated by § 2241 the error. in forma district Thornton v. Zych, No. 7:14-cv-00065-GEC-RSB (W.D. Va. Feb. 25, 2014). and dispense contentions We deny Thornton s motion to appoint counsel with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED * Although dismissals without prejudice generally are interlocutory and not appealable, a dismissal without prejudice may be final if no amendment to the complaint can cure the defect in the plaintiff s case. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 67 (4th Cir. 1993). On the available record, we conclude that the defect identified by the district court cannot be cured by an amendment to the petition and that the dismissal order therefore is appealable. 2

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