Henderson v. Koch

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 18, 2008
• Docket: 08-1733
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1733

DAVID E. HENDERSON,

Plaintiff – Appellant,

v.

SCOTT KOCH; CENTRAL INTELLIGENCE AGENCY,

Defendants – Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:08-cv-01259-WDQ)

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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 seeking money damages

from Defendant because Defendant allegedly obstructed the

release of information under the Freedom of Information Act,

5 U.S.C. § 552 (2006), and the Privacy Act, 5 U.S.C. § 552a(g)

(2006). 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