McDaniel v. Piedmont Regional Jail ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6116
CONAN MCDANIEL,
Plaintiff - Appellant,
versus
PIEDMONT REGIONAL JAIL,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District Virginia, at Alexandria. T.S. Ellis III, Senior District
Judge. (1:06-cv-01267)
Submitted: May 10, 2007 Decided: May 14, 2007
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Conan McDaniel, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Conan McDaniel appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice
for failure to comply with a court order to particularize his
complaint and demonstrate that he had exhausted administrative
remedies. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The
order McDaniel 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, 1067 (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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