Jefferey Fowlkes v. Vernon Poe, (4th Cir. 2011)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6547
JEFFEREY FOWLKES,
Plaintiff - Appellant,
v.
VERNON M. POE, Special Agent,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:10-cv-00418-CMH-TCB)
Submitted: September 29, 2011 Decided: October 5, 2011
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jefferey Fowlkes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Jeffrey Fowlkes seeks to appeal the district court's order dismissing without prejudice his 42U.S.C. § 1983 (2006) complaint based upon his failure to comply with the court's prior order to particularize his complaint. This court may exercise jurisdiction only over final orders, 28U.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 (1949). Because Fowlkes may proceed with this action by amending his complaint to provide the information requested by the district court, the order he 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, 1066-67 (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.
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