Gordon Staton v. Commonwealth of Virginia ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6011
GORDON SCOTT STATON,
Plaintiff - Appellant,
v.
COMMONWEALTH OF VIRGINIA; UVA POLICE DEPARTMENT; DISTRICT 9
PROBATION AND PAROLE; DEPARTMENT OF CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:14-cv-00622-GEC)
Submitted: March 12, 2015 Decided: March 17, 2015
Before GREGORY, DIAZ, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gordon Scott Staton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gordon Scott Staton appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) action without prejudice *
under 28 U.S.C. § 1915A(b)(2) (2012). We have reviewed the
record and find no reversible error. Accordingly, we deny
Staton’s motion to appoint counsel and affirm for the reasons
stated by the district court. Staton v. Virginia, No. 7:14-cv-
00622-GEC (W.D. Va. Nov. 26, 2014). 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.
AFFIRMED
*
Although it is well established that orders dismissing
complaints without prejudice are ordinarily interlocutory and
not appealable, see Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993), orders
dismissing actions without prejudice are generally final and
appealable. See Chao v. Rivendell Woods, Inc., 415 F.3d 342,
345 (4th Cir. 2005).
2