Henderson v. Mugane ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1867
DAVID E. HENDERSON,
Plaintiff – Appellant,
v.
BRIDGET R. MUGANE, Attorney at Law,
Defendant – Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:08-cv-01616-CCB)
Submitted: November 13, 2008 Decided: November 18, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David E. Henderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David E. Henderson appeals the district court's order
dismissing without prejudice his complaint against Defendant
summarily asserting, in part, that since 1983 Defendant has
refused to assist him in obtaining medical retirement or
reemployment with the United States Foreign Service. Because
Henderson may amend his complaint to cure the pleading defects
identified by the district court, we find that the dismissal
order is interlocutory and not appealable. See Chao v.
Rivendell Woods, Inc., 415 F.3d 342, 345 (4th Cir. 2005); Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064,
1066-67 (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
2