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Richard STEARNSMILLER, a/k/a Richard Stearns-Miller, a/k/a Rick Stearns-Miller, Plaintiff-Appellant, v. State of SOUTH CAROLINA; South Carolina Department of Corrections, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2001-05-03No. No. 00-7585
8 F. App'x 224

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Opinion

majority opinion

PER CURIAM.

Richard Stearnsmiller appeals the district court’s order dismissing without prejudice his complaint alleging civil rights violations under 42 U.S.C.A. § 1983 (West Supp.2000). The court dismissed Stearnsmiller’s complaint because he failed to name the proper parties. Because Stearnsmiller may proceed with this action in the district court by amending his complaint to name the proper defendants, the district court’s order is not a final, appeal-able order. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). 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 the court and argument would not aid the decisional process.

DISMISSED.