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  • Crawley v. Braxton, 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by David Edward Crawley of the district court's order dismissing without prejudice Crawley's 42 U.S.C. § 1983 suit. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    Filed: 2003-05-22 Precedential Status: Non-Precedential Docket: 03-6290

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by David Edward Crawley of the district court's order dismissing without prejudice Crawley's 42 U.S.C. § 1983 suit. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    Crawley v. Braxton, 4th Cir. (2003)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by David Edward Crawley of the district court's order dismissing without prejudice Crawley's 42 U.S.C. § 1983 suit. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was not a final order or an appealable interlocutory or collateral order. As the order was not final and did not fall under the limited exceptions, the court dismissed the appeal for lack of jurisdiction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6290

    DAVID EDWARD CRAWLEY,


    Plaintiff - Appellant,
    versus
    DAN BRAXTON; MAJOR FLEMING;
    Lieutenant; RON FOWLER,

    S.

    MULLINS,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
    Judge. (CA-02-1126-7)

    Submitted:

    May 15, 2003

    Decided:

    May 22, 2003

    Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    David Edward Crawley, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David Edward Crawley seeks to appeal the district courts
    order dismissing without prejudice his suit under 42 U.S.C. 1983
    (2000).

    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 (1949).

    The

    order Crawley 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.

    DISMISSED

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