Smith v. Daughtry, Greensboro

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7099
PETE SMITH,
Plaintiff - Appellant,
versus
GREENSBORO CHIEF OF POLICE, DAUGHTRY; S.
LANGHOLE, Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. William L. Osteen, Sr.,
District Judge. (CA-96-459-2)
Submitted: September 20, 1996 Decided: Occtober 2, 1996
Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pete Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order adopting the
magistrate judge's order and dismissing without prejudice Appel-
lant's 42 U.S.C. § 1983 (1994) complaint. The district court's
dismissal without prejudice is not appealable at this time, given
the fact that Appellant could save his complaint through amendment.
Domino Sugar Corp. v. Sugar Workers' Local Union 392, 10 F.3d 1064(4th Cir. 1993). This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
The order here appealed is neither a final order nor an appealable
interlocutory order.
We dismiss the appeal as interlocutory. 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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