Opinion
No. 09-6224.
Submitted: July 23, 2009.
Decided: July 29, 2009.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:08-cv-03483-CCB).
Warren Chase, Appellant Pro Se.
Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed in part; dismissed in part by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Warren Chase appeals a district court order dismissing his civil rights complaint concerning conditions of confinement and medical treatment. Insofar as Chase appeals the order dismissing his complaint as it pertained to events in August and September 2006, we have reviewed the record and the district court order and affirm for the reasons cited by the district court. See Chase v. Butler, No. 1:08-cv-03483-CCB (D. Md. filed Jan. 26, 2009; entered Jan. 27, 2009). Insofar as Chase appeals from the district court order dismissing without prejudice his complaint as it concerned events in 2008, a dismissal without prejudice is not reviewable by this court unless the reasons stated for the dismissal clearly disclose that no amendment to the complaint could cure its defects. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Because Chase could cure the defect in the complaint, we dismiss in part 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.
AFFIRMED IN PART; DISMISSED IN PART.