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Smith v. Virginia

United States Court of Appeals, Fourth Circuit
Sep 6, 2007
239 F. App'x 782 (4th Cir. 2007)

Opinion

No. 07-6273.

Submitted: August 30, 2007.

Decided: September 6, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:06-cv-00643-RBS).

John Paul Smith, Sr., Appellant Pro Se.

Before MICHAEL, KING, and SHEDD, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


John Paul Smith seeks to appeal the district court's dismissal without prejudice of his civil action. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Smith seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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.

Because Smith's complaint was dismissed without prejudice and the relevant defect can be cured by amending the complaint, the dismissal order is interlocutory and not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993).

DISMISSED.


Summaries of

Smith v. Virginia

United States Court of Appeals, Fourth Circuit
Sep 6, 2007
239 F. App'x 782 (4th Cir. 2007)
Case details for

Smith v. Virginia

Case Details

Full title:John Paul SMITH, Sr., Plaintiff-Appellant, v. Commonwealth of VIRGINIA…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 6, 2007

Citations

239 F. App'x 782 (4th Cir. 2007)