Lockley v. Orn

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CLARENCE RAYMOND LOCKLEY,
Plaintiff-Appellant,
v.
No. 00-6393
ROBERT ORN, Correctional Officer;
G. JETT, Mail Room Clerk; GEORGE
M. HINKLE, Warden,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
Rebecca B. Smith, District Judge.
(CA-99-1355-2)
Submitted: May 11, 2000
Decided: May 23, 2000
Before MURNAGHAN, LUTTIG, and TRAXLER, Circuit Judges.
_________________________________________________________________
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
_________________________________________________________________
COUNSEL
Clarence Raymond Lockley, Appellant Pro Se.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Clarence Raymond Lockley appeals from the district court's orders
dismissing without prejudice his complaint alleging civil rights viola-
tions under 42 U.S.C.A. § 1983 (West Supp. 1999) and denying his
motion for a hearing and for reconsideration. The court dismissed
Lockley's complaint based on his failure to comply with its prior
order directing him to submit proof that he had exhausted his admin-
istrative remedies. In his unsworn motion for a hearing and for recon-
sideration, Lockley claimed that he did comply with the court's order
by delivering the required information to prison officials for mailing.
In denying the motion for reconsideration and for a hearing, the dis-
trict court found that proof of exhaustion had not been received by the
court.
Because Lockley may proceed with this action by amending his
complaint to provide the information requested by the court, his
appeal of the order of dismissal is interlocutory and not subject to
appellate review. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). We therefore dis-
miss that aspect of his appeal.
We have reviewed the court's order denying Lockley's motion for
a hearing and for reconsideration and find no reversible error and no
abuse of discretion. We therefore affirm that order. 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 IN PART; AFFIRMED IN PART
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