David Williams v. Department of Correction, No. 10-6885 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6885 DAVID W. WILLIAMS, Plaintiff Appellant, v. DEPARTMENT OF CORRECTIONS/BOTETOURT FACILITY; P.J. RICE; DR. LEE; MAJOR RICHARDS, Defendants Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:10-cv-00129-JLK-MFU) Submitted: February 22, 2011 Decided: March 18, 2011 Before NIEMEYER, MOTZ, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. David W. Williams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David W. Williams seeks to appeal the district court s order dismissing his action without prejudice for failing to comply with the conditional filing order and 28 U.S.C. § 1915(a)(2) (2006). This court may exercise jurisdiction only over 28 final orders, U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). is neither a final collateral order. of jurisdiction. relief. legal before order The order Williams seeks to appeal nor an appealable interlocutory or Accordingly, we dismiss the appeal for lack We deny Williams s motion for injunctive We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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