Beruflich Dokumente
Kultur Dokumente
No. 10-2426
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (5:10-cv-00135-FL)
Submitted:
Decided:
PER CURIAM:
Northern
Carolina
Supported
Employment,
Seneca
Racketeer
Influenced
and
Corrupt
Organizations
Act,
42 U.S.C.A.
2000d
(West
2003
&
Supp.
2010),
the
(NCDHHS)
Rehabilitation
and
(Division),
its
and
Division
NCDHHS
of
Vocational
employee
Defendants
determined
that
Plaintiffs
had
failed
to
state
claims
these
claims
be
dismissed
under
28
U.S.C.
district
determinations
prejudice.
but
court
adopted
dismissed
the
magistrate
judges
Plaintiffs
complaint
without
motions
to
alter
or
amend
under
Fed.
R.
Civ.
P.
59(e),
Plaintiffs
now
seek
to
appeal
district
courts
orders,
28 U.S.C.
1292
(2006);
Fed.
R.
Civ.
P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54547 (1949).
complaint
prejudice
unless
the
grounds
for
dismissal
Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir.
1993)
whether
(internal
a
quotation
dismissal
marks
without
omitted).
prejudice
is
In
ascertaining
reviewable
in
this
to
Plaintiffs
claims
against
Defendants
Id. at 1066-67.
Davis,
Thompson,
could
in
the
save
their
district
reconsideration
is
action
court,
not
by
the
filing
district
appealable.
an
amended
courts
order
Accordingly,
we
Davis,
Thompson,
Jones,
Alton,
Klah,
Agingu,
Pace,
and
v.
Area
Med.
Ctr.,
Inc.,
F.3d
599,
607
DISMISSED IN PART,
AFFIRMED IN PART