John Bell v. Conmed, No. 13-6147 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6147 JOHN A. BELL, Plaintiff - Appellant, v. CONMED, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:12-cv-01300-JCC-JFA) Submitted: April 25, 2013 Before AGEE and Circuit Judge. WYNN, Circuit Decided: April 30, 2013 Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion. John A. Bell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John dismissal A. without Bell seeks prejudice to of appeal his 42 the district U.S.C. § court s 1983 (2006) complaint for failing to abide by the order of the court. court may exercise jurisdiction only over final This 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 Corp., 337 U.S. 541, 545-46 (1949). The order Bell seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Bell may be able to save his action by particularizing his complaint and amending it to comply with the district court s order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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