Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.davey James Reedy, Plaintiff--appellant, v. George Allen, Governor; Ron Angelone, Director, Virginiadepartment of Corrections; Gene M. Johnson, Deputydirector, Virginia Department of Corrections; Commonwealthof Virginia, Defendants--appellees, 91 F.3d 132 (4th Cir. 1996)Annotate this Case
Davey James Reedy, Appellant Pro Se.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
Appellant appeals the dismissal without prejudice of his 42 U.S.C. § 1983 (1988) complaint. The district court dismissed Appellant's complaint because he failed to allege that he suffered a deprivation of a constitutional right. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed 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, 1066-67 (4th Cir. 1993).
We dismiss the appeal as interlocutory. 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.