Michael Garner v. Lawrence Jones , 460 F. App'x 212 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7075
MICHAEL E. GARNER,
Plaintiff - Appellant,
v.
LAWRENCE JONES, Institutional Programs Manager (IPM); JANET
BAIN, Operations Manager; EARL BARKSDALE, Warden at Dillwyn
Correctional Center,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Norman K. Moon, Senior
District Judge. (7:11-cv-00318-NKM)
Submitted: December 20, 2011 Decided: December 23, 2011
Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael E. Garner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael E. Garner seeks to appeal the district court’s
order dismissing his complaint without prejudice for failure to
state a claim on the ground that Garner failed to allege a
specific injury. 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 Garner 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 deny Garner’s
motion for appointment of counsel and 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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