Howell v. Lee

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 20, 2002
• Docket: 02-7433
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7433

RICHARD A. HOWELL,

Plaintiff - Appellant,

versus

JACK LEE, Warden; PRISONERS UNKNOWN,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-02-795-7)

Submitted: December 16, 2002 Decided: December 20, 2002

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard A. Howell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Richard A. Howell appeals the district court’s orders

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

pursuant to 28 U.S.C. § 1915A(b)(1) (2000) and denying

reconsideration of that order. Because Howell may be able to

proceed with this action by amending his complaint to allege

sufficient facts to state a claim, the dismissal order is not final

and thus is not subject to appellate review. See Domino Sugar

Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th

Cir. 1993). We therefore dismiss the appeal. 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