McDaniel v. Piedmont Regional Jail

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6116

CONAN MCDANIEL,

Plaintiff - Appellant,

versus

PIEDMONT REGIONAL JAIL,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District Virginia, at Alexandria. T.S. Ellis III, Senior District Judge. (1:06-cv-01267)

Submitted: May 10, 2007 Decided: May 14, 2007

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Conan McDaniel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Conan McDaniel appeals the district court’s order

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

for failure to comply with a court order to particularize his

complaint and demonstrate that he had exhausted administrative

remedies. This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and

collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The

order McDaniel 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

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