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  • Hawkins v. Johnson, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit dismissed Maurice Hawkins' appeal of a district court order. The district court had dismissed Hawkins' §1983 civil rights claim without prejudice for failure to state a claim. The Court of Appeals itself then dismissed Hawkins' appeal for lack of jurisdiction, as the district court's dismissal without prejudice was not a final, appealable order.

    Original Description:

    Filed: 2005-02-08 Precedential Status: Non-Precedential Docket: 04-7192

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    The United States Court of Appeals for the Fourth Circuit dismissed Maurice Hawkins' appeal of a district court order. The district court had dismissed Hawkins' §1983 civil rights claim without prejudice for failure to state a claim. The Court of Appeals itself then dismissed Hawkins' appeal for lack of jurisdiction, as the district court's dismissal without prejudice was not a final, appealable order.

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    Public Domain
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    10 views2 pages

    Hawkins v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Maurice Hawkins' appeal of a district court order. The district court had dismissed Hawkins' §1983 civil rights claim without prejudice for failure to state a claim. The Court of Appeals itself then dismissed Hawkins' appeal for lack of jurisdiction, as the district court's dismissal without prejudice was not a final, appealable order.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7192

    MAURICE HAWKINS,
    Plaintiff - Appellant,
    versus
    J. JOHNSON,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
    (CA-04-360-7)

    Submitted:

    December 8, 2004

    Decided:

    February 8, 2005

    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Maurice Hawkins, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Maurice

    Hawkins

    appeals

    the

    district

    courts

    order

    dismissing without prejudice his action filed under 42 U.S.C.


    1983 (2000), for failure to state a claim upon which relief may
    be granted.

    Because the dismissal was without prejudice, we

    dismiss the appeal for lack of jurisdiction because the order is


    not a final, appealable order.

    See Domino Sugar Corp. v. Sugar

    Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

    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

    - 2 -

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