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Powell v. Ely, 01-6300 (2001)

Court: Court of Appeals for the Fourth Circuit Number: 01-6300 Visitors: 108
Filed: May 07, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6300 KIASI POWELL, Plaintiff - Appellant, versus J. ELY, Corrections Officer; PAGE TRUE, War- den; YVONNE ELSWICK, Assistant Warden of Programs; J. ARMENTROUT, Assistant Warden of Operations; M. SWINEY, CIRC/Program Assignment Reviewer; J. BENTLEY, Treatment Program Super- visor; RICHARD A. YOUNG, Regional Director, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia,
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                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 01-6300



KIASI POWELL,

                                              Plaintiff - Appellant,

          versus


J. ELY, Corrections Officer; PAGE TRUE, War-
den; YVONNE ELSWICK, Assistant Warden of
Programs; J. ARMENTROUT, Assistant Warden of
Operations; M. SWINEY, CIRC/Program Assignment
Reviewer; J. BENTLEY, Treatment Program Super-
visor; RICHARD A. YOUNG, Regional Director,

                                            Defendants - Appellees.



Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke.    James C. Turk, District Judge.
(CA-01-5-7)


Submitted:   April 27, 2001                   Decided:   May 7, 2001


Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir-
cuit Judge.


Affirmed by unpublished per curiam opinion.


Kiasi Powell, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Kiasi Powell appeals the district court’s order dismissing

without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2000) com-

plaint for failure to state a claim upon which relief can be

granted pursuant to 28 U.S.C.A. § 1915A(b)(1) (West Supp. 2000).*

We have reviewed the record and the district court’s opinion and

find no reversible error.   Accordingly, we affirm on the reasoning

of the district court.   See Powell v. Ely, No. CA-01-5-7 (W.D. Va.

Jan. 12, 2001).   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.




                                                          AFFIRMED




     *
       Generally, dismissals without prejudice are not appealable.
Domino Sugar Corp. v. Sugar Workers Local Union 392, 
10 F.3d 1064
,
1066 (4th Cir. 1993). We find, however, that the district court’s
order is a final, appealable order because no amendment can cure
the defect in Powell’s complaint. Id. at 1066-67.


                                 2

Source:  CourtListener

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