Robinson v. Bassett

Fourth Circuit

Robinson v. Bassett

34 F. App'x 957

Court of Appeals for the Fourth Circuit·Decided May 23, 2002·No. No. 02-6306·Published

Opinion

PER CURIAM.

Mark Robinson appeals the district court’s order dismissing without prejudice his civil rights action filed under 42 U.S.C.A. § 1983 (West Supp.2001), for failure to state a claim upon which relief may be granted. Because the dismissal was without prejudice, Robinson may refile his complaint alleging sufficient facts to state a claim for § 1983 relief. Accordingly, we dismiss the appeal for lack of jurisdiction because the order is not a final, appealable order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). We dispense with [958] 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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PER CURIAM.

Mark Robinson appeals the district court’s order dismissing without prejudice his civil rights action filed under 42 U.S.C.A. § 1983 (West Supp.2001), for failure to state a claim upon which relief may be granted. Because the dismissal was without prejudice, Robinson may refile his complaint alleging sufficient facts to state a claim for § 1983 relief. Accordingly, we dismiss the appeal for lack of jurisdiction because the order is not a final, appealable order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). We dispense with [958] 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.

Robinson v. Bassett, 34 F. App'x 957 (4th Cir. 2002).

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