Joseph McKinsey Brown seeks to appeal the district courts order dismissing without prejudice his motion for compassionate release pursuant to 18 U.S.C. § 3852(c)(1)(A). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “[D]ismissals without prejudice generally are not appealable ‘unless the grounds for dismissal clearly indicate that no amendment ․ could cure the defects in the plaintiffs case.’ ” Bing v. Brivo Sys., LLC, 959 F.3d 605, 610 (4th Cir. 2020) (quoting Domino Sugar Corp. v. Sugar Workers Loc. Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993)), cert. denied, ––– U.S. ––––, 141 S. Ct. 1376, 209 L.Ed.2d 122 (2021). By denying Browns motion without prejudice for lack of evidence regarding the severity of Browns asthma, the district court indicated that additional facts could be added to Browns motion, and the language the district court used in denying the motion did not indicate that it “was finished with the case.” Id. at 612. Furthermore, Browns appeal does not indicate his intent to stand on his initial motion. See id. We therefore conclude that the district courts order is neither a final order nor an appealable interlocutory order.
Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
PER CURIAM:
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.