Crabtree v. Trimbuer ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7845
DAVID A. CRABTREE,
Plaintiff - Appellant,
v.
TRIMBUER, Jail Doctor; NURSE CUNNINGHAM, Head Nurse; M.
MILLER, Nurse,
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541(1949). 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). 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 the court and argument would not aid the
decisional process.
DISMISSED
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