Rogler v. Department of Health and Human Services

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 19, 2008
• Docket: 08-1363
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1363

EDAR Y. ROGLER,

Plaintiff - Appellant,

v.

DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:07-cv-01676-WMN)

Submitted: August 14, 2008 Decided: August 19, 2008

Dismissed by unpublished per curiam opinion.

Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior Circuit Judges.

Edar Y. Rogler, Appellant Pro Se. Ariana Wright Arnold, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Edar Rogler seeks to appeal the district court’s order

dismissing without prejudice pursuant to Fed. R. Civ. P. 41(a), her

civil action alleging violations of the Privacy Act and several

underlying orders. The district court’s order stemmed from

Rogler’s request that the court dismiss her action without

prejudice. Rule 41(a) voluntary dismissal without prejudice is not

appealable. See Unioil, Inc. v. E.F. Hutton & Co., 809 F.2d 548,

555 (9th Cir. 1986) (holding that a plaintiff generally may not

appeal a voluntary dismissal without prejudice because it is not an

involuntary adverse judgment against him), overruled in part on

other grounds by In re Keegan Mgmt. Co., Sec. Litig., 78 F.3d 431,

434-35 (9th Cir. 1996).

Accordingly, we 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