Filed: May 22, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1209 PEARLENE J. HAMLER, Plaintiff - Appellant, versus ANN VENEMAN, Secretary of Agriculture; SAMUEL L. WHITE, P.C.; MEDIA GENERAL, INCORPORATED; JOHN ASHCROFT, United States Attorney General; JOHN POTTER, Postmaster General, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, District Judge. (CA-02-8-6) Submitted: May 16, 2002 Decided: May
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1209 PEARLENE J. HAMLER, Plaintiff - Appellant, versus ANN VENEMAN, Secretary of Agriculture; SAMUEL L. WHITE, P.C.; MEDIA GENERAL, INCORPORATED; JOHN ASHCROFT, United States Attorney General; JOHN POTTER, Postmaster General, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, District Judge. (CA-02-8-6) Submitted: May 16, 2002 Decided: May ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1209
PEARLENE J. HAMLER,
Plaintiff - Appellant,
versus
ANN VENEMAN, Secretary of Agriculture; SAMUEL
L. WHITE, P.C.; MEDIA GENERAL, INCORPORATED;
JOHN ASHCROFT, United States Attorney General;
JOHN POTTER, Postmaster General,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, District Judge.
(CA-02-8-6)
Submitted: May 16, 2002 Decided: May 22, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pearlene J. Hamler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pearlene J. Hamler appeals from the district court’s order
dismissing without prejudice her complaint in which she asserted a
number of claims with respect to real property that was owned by
her now-deceased parents. The district court’s dismissal without
prejudice is not appealable. See Domino Sugar Corp. v. Sugar
Workers’ Local Union 392,
10 F.3d 1064, 1066-67 (4th Cir. 1993).
A dismissal without prejudice is a final order only if “‘no
amendment [in the complaint] could cure the defects in the
plaintiff’s case.’” Id. at 1067 (quoting Coniston Corp. v. Vill.
of Hoffman Estates,
844 F.2d 461, 463 (7th Cir. 1988)). In
ascertaining whether a dismissal without prejudice is reviewable in
this court, the court must determine “whether the plaintiff could
save his action by merely amending his complaint.” Id. at 1066-67.
In this case, Hamler may move in the district court to reopen her
case and to file an amended complaint specifically alleging facts
sufficient to state a claim. Therefore, the dismissal order is not
appealable. Accordingly, we dismiss the appeal for lack of
jurisdiction. We also deny Hamler’s pending motions for summary
judgment, motion for judgment of obstruction of justice, and motion
to consolidate. 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
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