David Henderson v. John Naland
Filing
920081119
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-1710
DAVID E. HENDERSON, Plaintiff Appellant, v. JOHN NALAND, President American Foreign Service Association (AFSA); SHARON LATE, General Counsel American Foreign Service Association (AFSA), Defendants Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cv-00535-LMB-TCB)
Submitted:
November 13, 2008
Decided:
November 19, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David E. Henderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: David E. Henderson appeals the district court's order dismissing without prejudice his complaint against Defendants
asserting they wrongfully refused to assist him in obtaining the medical retirement benefits he was allegedly denied in 1981. Because Henderson may amend his complaint to cure the defects identified by the district court, the dismissal order is
interlocutory and not appealable.
See Chao v. Rivendell Woods,
Inc., 415 F.3d 342, 345 (4th Cir. 2005); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). jurisdiction. Accordingly, we dismiss the appeal for lack of 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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