Christina Perry-Bey v. City of Norfolk, Virginia

Filing 920091014

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1289 CHRISTINA D. PERRY-BEY, Plaintiff Appellant, v. CITY OF NORFOLK, VIRGINIA, Defendant Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:08-cv-00100-MSD-JEB) Submitted: September 17, 2009 Decided: October 14, 2009 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Christina D. Perry-Bey, Appellant Pro Se. Paul Wilbur Jacobs, II, CHRISTIAN & BARTON, LLP, Richmond, Virginia, Melvin Wayne Ringer, CITY ATTORNEY'S OFFICE, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christina D. Perry-Bey seeks to appeal the district court's order dismissing her complaint without prejudice. court may exercise jurisdiction only over final This 28 orders, 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 (1949). Perry-Bey seeks to appeal is neither a final The order nor an order appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (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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