Categories: Fourth Circuit Court of Appeals Opinions

HARRISON v. STATE OF NORTH CAROLINA, 386 Fed.Appx. 365 (4th Cir. 2010)

Marqueion HARRISON, Plaintiff-Appellant, v. State of NORTH CAROLINA; Department of Correction, Division of Prisons, Defendants-Appellees.

No. 10-6744.United States Court of Appeals, Fourth Circuit.Submitted: June 24, 2010.
Decided: July 1, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:10-cv-00043-GCM).

Marqueion Harrison, Appellant Pro Se.

Before DUNCAN, AGEE, and DAVIS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marqueion Harrison seeks to appeal the district court’s order dismissing without prejudice his complaint filed pursuant to 42 U.S.C. § 1983 (2006), for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. 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, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Harrison 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, 1066 (4th Cir. 1993). Because Harrison could cure the defect identified by the district court by filing an amended complaint, 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.