Henderson v. Downes

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1866

DAVID E. HENDERSON,

Plaintiff – Appellant,

v.

DAVID D. DOWNES; MELVIN HIRSHMAN; DEBRA ZACHRY,

Defendants – Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:08-cv-01264-JFM)

Submitted: November 13, 2008 Decided: November 18, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David E. Henderson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

David E. Henderson appeals the district court's order

dismissing without prejudice his complaint against Defendants

for intentional infliction of emotional distress. Because

Henderson may amend his complaint to cure the defects identified

by the district court, we find that the dismissal order is

interlocutory and not appealable. See Chao v. Rivendell Woods,

Inc., 415 F.3d 342, 345 (4th Cir. 2005); 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