Crabtree v. Trimbuer

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7845

DAVID A. CRABTREE,

Plaintiff - Appellant,

v.

TRIMBUER, Jail Doctor; NURSE CUNNINGHAM, Head Nurse; M. MILLER, Nurse,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:09-cv-00659-LO-TCB)

Submitted: December 15, 2009 Decided: December 22, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

David A. Crabtree, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David A. Crabtree seeks to appeal the district court’s

order dismissing without prejudice his 42 U.S.C. § 1983 (2006)

complaint. 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 Crabtree 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, 1066 (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