Berger v. Ziegler

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 28, 2003
• Docket: 02-2412
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2412

LAWRENCE I. BERGER,

Plaintiff - Appellant,

versus

CATHY ANN ZIEGLER,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-02-3209-AW)

Submitted: March 19, 2003 Decided: March 28, 2003

Before WIDENER, WILKINSON, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lawrence I. Berger, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Lawrence I. Berger appeals the district court’s order

dismissing without prejudice his civil action in which he alleged

copyright infringement. The district court dismissed the complaint

without prejudice because Berger failed to show he received the

proper copyright registration and failed to establish that the work

was copied or used. Because Berger may amend his complaint to

state a viable claim, the dismissal order is not final and thus is

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 dismiss the 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