UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7751 AALON SMITH,

Plaintiff - Appellant,

versus

DAVID ROBINSON, Warden of N.C.C.; T. JOHNSON,

Correctional Officer; J. MARSHALL, Lieutenant

Supervisor,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge. (CA-03-660)

Submitted: January 30, 2004 Decided: March 3, 2004

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Aalon Smith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 2 - PER CURIAM: Aalon Smith appeals the district court§ 1983 (2000) action. The district

court dismissed the complaint pursuant to Fed. R. Civ. P. 41(b) for

failure to immediately notify the court of his change in address.

Because of that failure, correspondence from the court addressed to

Smith was returned as undeliverable. The district courtÂ’s dismissal without prejudice is not appealable. See

Domino Sugar Corp. v. Sugar Workers Local Union

, 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. Village of Hoffman Estates

, 844 F.2d 461, 463 (7th Cir. 1988)). In ascertaining whether a

dismissal without prejudice is reviewable in this court, we must

determine “whether the plaintiff could save his action by merely

amending his complaint.” Domino Sugar

, 10 F.3d at 1066-67. In this case, Smith may move in the district court to reopen his case

and to file a signed complaint giving his present address.

Therefore, the dismissal order is not appealable. 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