Nekita White v. Antonio Parham

Filing 920100127

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7414

NEKITA ANTONIO WHITE, Plaintiff - Appellant, v. ANTONIO PARHAM, WTRJ Officer; MR. MASKELONY, WTRJ Officer; MR. LENYON, WTRJ Officer; MR. DUNN, WTRJ Officer; MR. PERKER, WTRJ Officer; MR. EZELL, WTRJ Officer; MR. ROBERTS, WTRJ Officer; JOHNSON, WTRJ Officer; MOFFET, WTRJ Officer, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:09-cv-00320-TSE-TCB)

Submitted:

January 19, 2010

Decided:

January 27, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nekita Antonio White, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nekita Antonio White seeks to appeal the district

court's order dismissing without prejudice his 42 U.S.C. § 1983 (2006) complaint for failure to follow the court's earlier order requiring him to particularize and amend his complaint. 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, 545-46 (1949). Because White's complaint lacked specificity and he failed to remedy this fact by filing an amended complaint that articulated adequate facts, we conclude that the order White seeks to appeal is neither a final order nor an appealable interlocutory or

collateral order.

See Domino Sugar Corp. v. Sugar Workers Local Accordingly, we We dispense with contentions the court are and

Union 392, 10 F.3d 1064, 1066 (4th Cir. 1993). dismiss the appeal for lack of jurisdiction. oral argument because in the the facts and legal before

adequately

presented

materials

argument would not aid the decisional process. DISMISSED

2