Geoffrey William Hine v. Charles Samuel

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-ct-03126-D Copies to all parties and the district court/agency. [999885094]. Mailed to: Geoffrey William Hine FCI BUTNER MEDIUM II FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1500 Butner, NC 27509-0000. [16-6005]

Appeal: 16-6005

Doc: 14

Filed: 07/12/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6005

GEOFFREY WILLIAM HINE,
Plaintiff – Appellant,
v.
CHARLES SAMUELS, Director of B.O.P.; J. F. CARAWAY,
Regional Director; J. ANDREWS, Warden; MS. LINDSLEY, Unit
Manager; MR. BAXTER, Unit Case Manager,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:15-ct-03126-D)

Submitted:

May 31, 2016

Decided:

July 12, 2016

Before WILKINSON and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Geoffrey William Hine, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6005

Doc: 14

Filed: 07/12/2016

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PER CURIAM:
Geoffrey William Hine seeks to appeal the district court’s
order dismissing without prejudice his complaint filed pursuant
to

Bivens

v.

Narcotics,

Six

403

Unknown

U.S.

Agents

(1971).

388

Named

of

This

Fed.

court

Bureau

may

of

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).
to

appeal

is

neither

a

final

order

interlocutory or collateral order.
Legal

Aid,

807

F.3d

619

(4th

The order Hine seeks
nor

an

appealable

See Goode v. Central Va.

Cir.

2015).

Accordingly,

we

dismiss the appeal for lack of jurisdiction, and remand the case
to the district court with instructions to allow Hine to file an
amended complaint.
facts

and

materials

legal
before

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED AND REMANDED

2