
    Jotham SIMMONS, Plaintiff-Appellant, v. Jeremiah BEAM; H. Eric Cohoon; The City of Myrtle Beach, Defendants-Appellees.
    No. 16-7054
    United States Court of Appeals, Fourth Circuit.
    Submitted: March 28, 2017
    Decided: April 17, 2017
    Jotham Simmons, Appellant Pro Se.
    Before TRAXLER, WYNN, and DIAZ, Circuit Judges.
   Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jotham Simmons, a federal inmate, appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his complaint brought pursuant to 42 U.S.C. § 1988 (2012) and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 394-95, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Simmons v. Beam, No. 4:15-cv-03401-RBH, 2016 WL 4035457 (D.S.C. July 28, 2016). 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.

AFFIRMED 
      
      
         We have jurisdiction over the appeal because Simmons cannot cure by mere amendment the defect identified in his complaint. See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015) (discussing Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993)).
     