David Crabtree v. Trimbuer, No. 09-7845 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7845 DAVID A. CRABTREE, Plaintiff - Appellant, v. TRIMBUER, Jail MILLER, Nurse, Doctor; NURSE CUNNINGHAM, Head Nurse; M. Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O Grady, District Judge. (1:09-cv-00659-LO-TCB) Submitted: December 15, 2009 Decided: December 22, 2009 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David A. Crabtree, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David A. Crabtree seeks to appeal the district court s order dismissing without prejudice his 42 U.S.C. § 1983 (2006) complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral 54(b); orders, Cohen (1949). v. 28 U.S.C. Beneficial § 1292 Indus. (2006); Loan Fed. Corp., R. 337 Civ. U.S. P. 541 The order Crabtree seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). for lack of jurisdiction. Accordingly, we dismiss the appeal 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 2

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