Henderson v. Mugane

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 18, 2008
• Docket: 08-1867
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1867

DAVID E. HENDERSON,

Plaintiff – Appellant,

v.

BRIDGET R. MUGANE, Attorney at Law,

Defendant – Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:08-cv-01616-CCB)

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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

summarily asserting, in part, that since 1983 Defendant has

refused to assist him in obtaining medical retirement or

reemployment with the United States Foreign Service. Because

Henderson may amend his complaint to cure the pleading 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