Besthoff v. Rostafinski

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7221

ADAM BESTHOFF,

Plaintiff - Appellant,

versus

DOCTOR ROSTAFINSKI, M.D.; MS. CAUL, Work Release; OFFICER AGUND, C/O; MR. HEDDINGER; COUNSELOR SYED; SERGEANT MCINTYRE; CORPORAL HARRESON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (3:06-cv-00271-REP)

Submitted: October 31, 2006 Decided: November 7, 2006

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Adam Besthoff, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Adam Besthoff appeals the district court’s order

dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint

because Besthoff failed to pay the initial partial filing fee.

Because Besthoff may refile his suit and either pay the required

fee or affirm he is unable, the dismissal order is interlocutory

and not appealable. See 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 -