Davis v. Community Development Personnel ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1812
WAYNE L. DAVIS,
Plaintiff – Appellant,
v.
COMMUNITY DEVELOPMENT PERSONNEL; RACHEL O'DWYER FLYNN; ART
DAHLBERG; FARRAL HENDERSON; BONNIE FRIEDMAN; ROY W. EIDEM;
ALAN W. MCMAHAM; DYETT ELLIS; MICHELLE COWARD; KEISHA
STEPHENSON; DWIGHT C. JONES, Mayor, City of Richmond;
TIMOTHY KAINE, Governor; WILLIAM C. SHELTON, State Director,
the Jackson Center; NORMAN B. SALES, Richmond City Attorney;
GREGORY A. LUKANUSKI, Assistant Attorney, Office of the City
Attorney; BILL MIMS, Attorney General,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:09-cv-00133-REP)
Submitted: November 9, 2009 Decided: December 22, 2009
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wayne L. Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wayne L. Davis seeks to appeal the district court’s
order dismissing his complaint without prejudice. 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
Davis 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 deny Davis’s motion to reconsider our previous
order denying his motion for stay pending appeal. 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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