Mayberry v. Mayberry

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8213

CARLOS R. MAYBERRY, The Ethnoreligious Order and Voomorphic Confraternity of the Black Mafia,

Plaintiff - Appellant,

v.

GARY MAYBERRY; CARLTON APPLEWHITE; L. BYNUM; NATACHA MAYBERRY; DAYENA CORCORAN; CHERIE PEAY; G. SCHROEDER; J. FIELDS; KUTCHERMAN; J. MOSS; NATHANIEL STANLEY, All defendants sued individually and in his or her official capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:09-cv-02366-WDQ)

Submitted: July 27, 2010 Decided: August 4, 2010

Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carlos R. Mayberry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Carlos R. Mayberry appeals the district court’s order

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

prejudice for failure to comply with a court order to

particularize his 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 Mayberry 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, 1067 (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