Mrs. Carmella M. Borelli v. City of Reading, 532 F.2d 950 (3rd Cir. 1976). · Go Syfert
Mrs. Carmella M. Borelli v. City of Reading, 532 F.2d 950 (3rd Cir. 1976). Cases Citing This Book View Copy Cite
“generally, an order which dismisses a complaint without prejudice is neither final nor ap-pealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.”
1,272 citation events (1,131 in the last 25 years) across 29 distinct courts.
Strongest positive: Brothers Farming, LLC v. KEIM LUMBER COMPANY (pawd, 2025-01-30)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Brothers Farming, LLC v. KEIM LUMBER COMPANY
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
n implicit invitation to amplify the complaint is found in the phrase 'without prejudice.
discussed Cited as authority (verbatim quote) Donald Higgs v. New Jersey Department of Corrections (2×) also: Cited as authority (rule)
3rd Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
n order which dismisses a complaint without prejudice is neither final nor appealable" unless "the plaintiff cannot amend or declares his intention to stand on his complaint.
discussed Cited as authority (verbatim quote) James Mabry v. Warden Allenwood LSCI
3rd Cir. · 2019 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.
discussed Cited as authority (verbatim quote) Rafael Oscar Martinez Del Vall v. OfficeMax North America Inc
3rd Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.
discussed Cited as authority (verbatim quote) Halle v. West Penn Allegheny Health System Inc.
3rd Cir. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally, an order which dismisses a complaint without prejudice is neither final nor ap-pealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.
discussed Cited as authority (verbatim quote) Bishop v. United States Department of Agriculture (2×) also: Cited as authority (rule)
3rd Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
only if the plaintiff cannot amend or declares his intention to stand on his complaint dpes the order become final and appealable.
discussed Cited as authority (verbatim quote) Strausbaugh v. Merit Systems Protection Board
Fed. Cir. · 2010 · quote attribution · 1 verbatim quote · confidence high
the general rule is that a dismissal without prejudice is neither final nor ap-pealable.
discussed Cited as authority (verbatim quote) Pratt v. Bureau of Corrections Government of the Virgin Islands (2×) also: Cited as authority (rule)
D.V.I. · 2002 · signal: see also · quote attribution · 1 verbatim quote · confidence high
only if the plaintiff cannot amend or declares his intention to stand on his complaint does the order become final and appealable.
discussed Cited as authority (verbatim quote) Cardio-Medical Associates, Ltd. v. Crozer-Chester Medical Center
E.D. Pa. · 1982 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we suggest that district judges expressly state, where appropriate, that the plaintiff has leave to amend within a specified period of time
discussed Cited as authority (quoted) Daniels v. County of Chester, Tax Claims Bureau (In Re Daniels)
Bankr. E.D. Pa. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
e suggest that district judges expressly state, where appropriate, that the has leave to amend.
discussed Cited as authority (rule) Charles Lucarelli v. Charles Schultz
3rd Cir. · 2025 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 952 (3d Cir. 1976) (per curiam). 3 criminal law, the District Court properly dismissed those claims, because “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973).
discussed Cited as authority (rule) Chryssoula Arsenis v. M&T Bank
3rd Cir. · 2025 · confidence medium
An order dismissing a complaint without prejudice generally “is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” See Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam) (noting that “[o]nly if the plaintiff cannot amend . . . does the order become final and appealable”).
discussed Cited as authority (rule) LIPANI, M.D. v. AETNA LIFE INSURANCE CO.
D.N.J. · 2025 · confidence medium
That statement is not remarkable; a plaintiff is always free to decline an invitation to amend a seemingly defective complaint and, instead, seek a final appealable order.” (quoting Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976))).
cited Cited as authority (rule) Karin Wolf v. State of New Jersey
3rd Cir. · 2024 · confidence medium
Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Norman Scott, Sr. v. Childrens Hospital (2×) also: Cited "see"
3rd Cir. · 2024 · confidence medium
Generally, a decision that dismisses a pleading “without prejudice” is not final “because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
cited Cited as authority (rule) Ifeoma Ezekwo v. Joseph Monaghan
3rd Cir. · 2024 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) United States v. Arthur Rowland (2×) also: Cited "see"
3rd Cir. · 2024 · signal: cf. · confidence medium
Cf. Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam) (“Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.”).
discussed Cited as authority (rule) MAGIC REIMBURSEMENTS LLC v. T-MOBILE USA, INC.
D.N.J. · 2024 · confidence medium
But where, as here, a plaintiff “cannot amend or declares his intention to stand on his complaint . . . the order become[s] final and appealable.” Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976). 3 For purposes of motion practice, “the parties agree|d] that New Jersey law applies” to Plaintiff's common law claims brought on its own behalf, and the parties do not dispute that in their most recent briefing.
discussed Cited as authority (rule) Monique Dotson v. Jill Galapio
3rd Cir. · 2024 · confidence medium
No. 5:08-cv-00149. 3 Although we generally lack jurisdiction to review the dismissal of a complaint without prejudice, Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam), Dotson states that she stands on her complaint.
discussed Cited as authority (rule) Sheila Eyajan v. Nesco Resources LLC
3rd Cir. · 2023 · confidence medium
Although without-prejudice dismissals are generally not final, appealable orders under 28 U.S.C. § 1291 , see Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam), this general rule does not apply when, as here, the order in question dismisses, for failure to effect service, a complaint brought by a plaintiff who is proceeding in forma pauperis, see Welch v. Folsom, 925 F.2d 666, 668 (3d Cir. 1991).
discussed Cited as authority (rule) VIDAL v. GALAXY 2439 ENTERPRISES, LLC
D.N.J. · 2023 · confidence medium
Ct. Order.) Dismissal without prejudice “is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. Reading, 532 F.2d 950, 951 (3d Cir. 1976).
discussed Cited as authority (rule) Bouazza Ouaziz v. City of Jersey
3rd Cir. · 2023 · confidence medium
Although the District Court dismissed certain claims with prejudice and granted judgment on others, the remaining claims in Ouaziz’s amended complaint were dismissed without prejudice, and the general rule is that “an order which dismisses a complaint without prejudice is neither final nor appealable.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) David Webb v. State of Delaware
3rd Cir. · 2023 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam). 3 Webb argues that the District Court erred in each of its immunity analyses because Congress abrogated Eleventh Amendment immunity under 42 U.S.C. § 2000d-7.
cited Cited as authority (rule) Leonard Barsody v. Clearfield Area School District
3rd Cir. · 2023 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Noel Brown v. Somerset SCI (2×) also: Cited "see"
3rd Cir. · 2023 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
cited Cited as authority (rule) Winston Banks v. Howard Taylor
3rd Cir. · 2023 · confidence medium
He relies on our statement in Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam), that a dismissal without prejudice is not a final decision because it invites amendment.
discussed Cited as authority (rule) Rancourt Woodell v. Wetzel
3rd Cir. · 2022 · signal: cf. · confidence medium
Cf. Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam) (explaining that a dismissal without prejudice is not a “final” order if “the deficiency may be corrected by the plaintiff without affecting the cause of action”). 4 On appeal, Woodell challenges the District Court’s adjudication of his First, Fourth, Eighth, and Fourteenth Amendment claims relating to the loss or destruction of his personal property and legal materials; his First Amendment claim relating to DC-ADM 803; his First Amendment claim asserting that he was denied access to the courts; and his cla…
discussed Cited as authority (rule) Lavond Hill v. John E. Wetzel
3rd Cir. · 2022 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir 1992); Borelli v. City of Reading, 532 F.2d 950, 952 (3d Cir. 1976) (per curiam). 1 The Court denied the motion for reconsideration after Hill filed his notices of appeal.
cited Cited as authority (rule) Jenn-Ching Luo v. Owen J.Roberts School District
3rd Cir. · 2022 · confidence medium
DC ECF No. 17 at 1 (citing Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam)).
discussed Cited as authority (rule) Jonathan Ehrlich v. Carmen Alvarez (2×) also: Cited "see"
3rd Cir. · 2022 · confidence medium
“Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Victor Perkins v. Proctor and Gamble
3rd Cir. · 2022 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam). 3 In light of this conclusion, we need not address the propriety of the District Court’s alter- native determination that the claims were subject to dismissal as frivolous pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i).
discussed Cited as authority (rule) MADER v. UNION TOWNSHIP
W.D. Pa. · 2021 · confidence medium
Borelli v. Reading, 532 F.2d 950, 952 (3d Cir. 1976) (noting that “[g]enerally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action” ).
discussed Cited as authority (rule) Mohammad Saleem v. COI Doe
3rd Cir. · 2021 · confidence medium
“Without prejudice” dismissals typically are not immediately appealable, see Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam), but an order of dismissal without prejudice for failure to effect service of process is appealable under § 1291 where the complaint was filed by a plaintiff granted leave to proceed in forma pauperis, see Welch v. Folsom, 925 F.2d 666 , To survive a motion to dismiss, a complaint “must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 …
discussed Cited as authority (rule) Rene Edwards v. Noel Hillman (2×) also: Cited "see"
3rd Cir. · 2021 · confidence medium
P. 4(m), and a without-prejudice dismissal generally is neither final nor appealable, see Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
cited Cited as authority (rule) Rene Edwards v. The Hillman Group Company for
3rd Cir. · 2021 · confidence medium
P. 4(m), and a without-prejudice dismissal generally is neither final nor appealable, see Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Sharon Chavis v. State of New Jersey
3rd Cir. · 2021 · confidence medium
Co., 654 F.2d 218 , 220 n.2 (3d Cir. 1981). 1 In addition, “[g]enerally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Leslie Evans-Sampson v. PA Dept of Human Services
3rd Cir. · 2020 · confidence medium
Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam); see also Weber v. McGrogan, 939 F.3d 232, 240 (3d Cir. 2019) (“a clear and unequivocal intent to decline amendment and immediately appeal that leaves no doubt or ambiguity can allow us to exercise jurisdiction.”).
discussed Cited as authority (rule) Robert Browning v. Glenn Grant
3rd Cir. · 2020 · confidence medium
Section 1915(e)(2)(B) clearly authorized the District Court’s screening here. 2 “Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per 2 complaint liberally.
discussed Cited as authority (rule) United States v. Frederick Banks
3rd Cir. · 2020 · signal: cf. · confidence medium
Cf. Borelli v. City of Reading, 532 F. 2d 950, 951 (3d Cir. 1976) (per curiam) (“Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.”); Redmond v. Gill, 352 F.3d 801, 803 (3d Cir. 2003) (holding that a denial without prejudice of motion for leave to proceed in forma pauperis is not final or appealable when there is an opportunity to cure the defect in the filing).
cited Cited as authority (rule) Matthew Sheffer v. Centre County
3rd Cir. · 2020 · confidence medium
Co., 977 F.2d 848 , 851 n.5 (3d Cir. 1992); Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) David Meade v. Michael Reynolds
3rd Cir. · 2020 · confidence medium
Without-prejudice dismissals typically are not immediately appealable, see Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam), but we have held that an order dismissing a complaint under Rule 4 is final, and thus appealable, where expiration of the statute of limitations would preclude the appellant from refiling the complaint.
discussed Cited as authority (rule) DIA Brewing, LLC v. MCE-DIA, LLC
Colo. Ct. App. · 2020 · confidence medium
A dismissal of the complaint is ordinarily a non-final, nonappealable order (since amendment would generally be available), while a dismissal of the entire action is ordinarily final.’” (quoting Mobley v. McCormick, 40 F.3d 337, 339 (10th Cir. 1994))); Ordower v. Feldman, 826 F.2d 1569, 1572 (7th Cir. 1987) (“If a district court’s dismissal leaves a plaintiff free to file an amended complaint, the dismissal is not considered a final appealable order.”); Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (holding that “an implicit invitation to amplify the complaint is fou…
discussed Cited as authority (rule) Edward Mierzwa v. Arkadiusz Dudek (2×) also: Cited "see"
3rd Cir. · 2019 · confidence medium
As a threshold matter, we first note that pursuant to Rule 28 of the Federal Rules of Appellate Procedure and Third Circuit Local Appellate Rule 28.1, “appellants are required to set forth the issues raised on appeal and to present an argument in support of 1 “Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Roland Anderson v. Local 435
3rd Cir. · 2019 · confidence medium
App. 4(a)(4)(B)(ii). 4 Although “[g]enerally, an order which dismisses a complaint without prejudice is neither final nor appealable,” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam), we have jurisdiction over this appeal because Anderson has indicated his intention to stand on his complaint, see id. at 951-52 ; see also Frederico v. Home Depot, 507 F.3d 188, 192-93 (3d Cir. 2007). 5 Anderson’s notice of appeal states that he is appealing an order entered on February 24, 2017, but that appears to be an error, as no order was entered on that date. 4 judgment agai…
discussed Cited as authority (rule) Thomas Clauso v. Solomon
3rd Cir. · 2019 · confidence medium
Generally, an order that dismisses a complaint without prejudice is neither final nor immediately appealable under 28 U.S.C. § 1291 , “because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Thomas Clauso v. Solomon
3rd Cir. · 2019 · confidence medium
Generally, an order that dismisses a complaint without prejudice is neither final nor immediately appealable under 28 U.S.C. § 1291 , “because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Edward Kennedy v. Commonwealth of Pennsylvania
3rd Cir. · 2019 · confidence medium
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.1 We exercise 1 “Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action,” unless “the plaintiff cannot amend or declares his intention to stand on his complaint.” Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Gwendolyn Wilson v. Hillsborough Township Construc
3rd Cir. · 2019 · confidence medium
Hosp. v. Amgen Inc., 643 F.3d 1 During the course of the underlying litigation, Wilson also filed dozens of motions and letters in the District Court making a variety of requests. 2 On appeal, Wilson has moved for the appointment of counsel and for an extension of time to file a brief and appendix. 3 “Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
discussed Cited as authority (rule) Matthew Jones v. Delaware State Police Headquar
3rd Cir. · 2019 · confidence medium
Jones further asserted that the District Judge “took no action on his behalf” despite being provided with evidence that he “remain[s] kidnapped, raped and poisoned under a false cause of action.” Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976) (per curiam).
cited Cited as authority (rule) Raheem Louis v. David Ebbert
3rd Cir. · 2019 · confidence medium
Borelli v. City of Reading, 532 F.2d 950, 952 (3d Cir. 1976) (per curiam).
Mrs. Carmella M. BORELLI, Appellant,
v.
CITY OF READING Et Al., Appellees
75-1789.
Court of Appeals for the Third Circuit.
Mar 31, 1976.
532 F.2d 950
William R. Mosolino, Orwigsburg, Pa., for appellant., Robert T. Miller, Charles H. Weidner, Stevens & Lee, Reading, Pa., for appellees, City of Reading and Redevelopment Authority of the City of Reading., Carl Strass, Robert A. Kerry, Dept, of Justice, Washington, D. C., Walter Kiechel, Jr., Acting Asst. Atty. Gen., Washington, D. C., Robert E. J. Curran, U. S. Atty., Philadelphia, Pa., William J. McGettigan, Asst. U. S. Atty., Philadelphia, Pa., for appellee, Dept, of H.U.D.
Seitz, Van Dusen Weis.
Cited by 1,105 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: E.D. Pennsylvania (1)

OPINION OF THE COURT

PER CURIAM:

Settled policy in the federal courts discourages piecemeal appeals and, so, generally recourse may be had to appellate tribunals only when final orders are the subject of review. While the inevitable exceptions exist, none are applicable to the appellant here. Accordingly, we must dismiss this appeal from orders dismissing the complaint without prejudice and denying plaintiff’s motion for summary judgment.'

With the aid of funds supplied by the Commonwealth of Pennsylvania and the United States Department of Housing and Urban Development, the Redevelopment Authority of Reading began work on a project to rehabilitate part of the downtown area. The plaintiff, who owns her home in the redevelopment area, opposed the proposed changes in her neighborhood and filed suit in the district court. She asked for injunctive and declaratory relief, contending that H.U.D. failed to comply with the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. After the parties had served and answered interrogatories, both sides moved for summary judgment. The district court ruled that the defendants’ motion insofar as “they allege plaintiff’s lack of standing is granted and the complaint will be dismissed without prejudice.” Plaintiff’s motion was denied. The plaintiff did not file an amendment to her complaint but instead took this appeal from both adjudications.

The defendants’ motion for summary judgment in substance alleged that they had conformed to the applicable legal requirements, that plaintiff was bound by reason of res judicata because of a ruling in a suit filed in the state court, and that she lacked standing to sue. The district court passed only upon the last contention, noting that in her complaint plaintiff did not assert “injury in fact” within the scope of N.E.P.A., nor did she allege irreparable injury in requesting injunctive relief.

The question of standing is generally determined from the face of the complaint, Schiaffo v. Helstoski, 492 F.2d 413 (3d Cir. 1974). If the averments are not sufficient, the trial court may require the plaintiff to supply further particularized allegations of fact by amendment to the complaint or by affidavits. Warth v. Seldin, 422 U.S. 490, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Although the district court’s order did not mention amendment, an implicit invitation to amplify the complaint is found in the phrase “without prejudice.” [1]

Generally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action. Only if the[*952] plaintiff cannot amend or declares his intention to stand on his complaint does the order become final and appealable. Azar v. Conley, 480 F.2d 220 (6th Cir. 1973); Grantham v. McGraw-Edison Co., 444 F.2d 210 (7th Cir. 1971); Hurst v. California, 451 F.2d 350 (9th Cir. 1971).

Here, the plaintiff took no action in response to the district court’s order other than to file a notice of appeal. She has not taken the position that she must stand on the original complaint because it cannot be amended. Indeed, during oral argument in this court, the possibility of an amendment alleging increased air pollution was discussed. [2] What other factual averments plaintiff might be able to include in her complaint we need not consider at this juncture. That is more properly a matter for her and counsel to ponder. We need go no further than to note that we are not confronted with a situation where it is not possible to amend the complaint in any relevant respect. The dismissal of the complaint without prejudice is not a final order on the facts presented by this record and, accordingly, is not appealable.

Having found that the plaintiff lacked standing, the district court should not have passed upon her motion for summary judgment. That being so, we do not discuss it here.

The appeal will be dismissed.

1

. Since it may be difficult to determine whether the district court thought an amendment was possible and whether the plaintiff is willing or able to amend, we suggest that district judges expressly state, where appropriate, that the plaintiff has leave to amend within a specified period of time, and that application for dismissal of the action may be made if a timely amendment is not forthcoming within that time. If the plaintiff does not desire to amend, he may file an appropriate notice with the district court asserting his intent to stand on the complaint, at which time an order to dismiss the action would be appropriate.

2

. It appears that one feature of the redevelopment project is the enlargement of a tannery in the community. If the expansion of this industry would intensify the discharge of foreign substances into the air, the environmental quality of life in the plaintiff’s neighborhood would be affected. To this extent, the plaintiff would have an interest in Authority action which failed to consider the possibility of increased air pollution.