Desmond Hibbert v. VDOC
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:15-cv-00125-JLK-RSB Copies to all parties and the district court/agency. [999702444]. Mailed to: Desmond George Hibbert WALLENS RIDGE STATE PRISON P. O. Box 759 Big Stone Gap, VA 24219. [15-6811]
Appeal: 15-6811
Doc: 11
Filed: 11/19/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6811
DESMOND GEORGE HIBBERT,
Plaintiff – Appellant,
v.
THE VIRGINIA DEPARTMENT OF
JAMES CASTLE; JR COLEMAN,
CORRECTIONS;
SGT.
COLLINS;
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Jackson L. Kiser, Senior
District Judge. (7:15-cv-00125-JLK-RSB)
Submitted:
November 13, 2015
Decided:
November 19, 2015
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Desmond George Hibbert, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6811
Doc: 11
Filed: 11/19/2015
Pg: 2 of 2
PER CURIAM:
Desmond George Hibbert seeks to appeal the district court’s
order dismissing without prejudice his civil rights action under
42 U.S.C. § 1983 (2012) for failure to state a claim on which
relief may be granted.
This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2012), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2012);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337
U.S.
541,
545-46
(1949).
Because
the
deficiencies
identified by the district court may be remedied by the filing
of
an
seeks
amended
to
complaint,
appeal
is
we
neither
conclude
a
final
interlocutory or collateral order.
that
the
order
order
nor
an
Hibbert
appealable
Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
Accordingly,
jurisdiction.
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
this
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED
2
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