Bill Douglas PAILIN, Plaintiff-Appellant, v. RESTON HOSPITAL CENTER; Padma K. Shukla, Emergency Room Physician, Defendants-Appellees, 128 F. App'x 304

PER CURIAM. Bill Douglas Pailin (“Pailin”), a Virginia inmate, appeals from an order of the district court dismissing without prejudice Pailin’s claim filed pursuant to 42 U.S.C. § 1983 (2000) for failure to exhaust his administrative remedies. This court has held “that a plaintiff may not appeal the dismissal of his complaint without prejudice unless the grounds for dismissal clearly indicate that ‘no amendment [in the complaint] could cure the defects in the plaintiffs case.’ ” Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th Cir.1993).

Pailin alleges that he was not incarcerated or in custody at the time he received medical treatment; thus, it is not possible for him to pursue prison administrative remedies in connection with this dispute. Accordingly, we vacate the order of the district court and remand for further consideration. We deny Pailin’s motion for appointment of counsel. 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. VACATED AND REMANDED