Adrian Robinson v. Unknown, No. 12-7585 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7585 ADRIAN ROBINSON, Plaintiff Appellant, v. UNKNOWN, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:12-cv-00225-TSE-TRJ) Submitted: May 23, 2013 Before MOTZ and Circuit Judge. AGEE, Decided: Circuit Judges, and May 28, 2013 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Adrian Robinson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Adrian Robinson seeks to appeal the district court s order dismissing his 42 U.S.C. § 1983 (2006) complaint without prejudice for failure to comply with a court order directing him to file a particularized amended complaint. This court may exercise jurisdiction only over final orders, 28 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 Robinson Corp., seeks to 337 U.S. appeal is 541, 545-46 neither a (1949). final appealable interlocutory or collateral order. The order order nor an Because Robinson can remedy the deficiencies identified by the district court by filing an amended complaint on a § 1983 complaint form, we conclude that the district court s order is neither final nor otherwise appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction. 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. DISMISSED 2

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