Thompson v. Powhatan Corr Ctr

96-6333 | 4th Cir. | Jul 1, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin D. Thompson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).


Appellant appeals from the district court's order dismissing without prejudice his action entitled "Show Cause for a Temporary Restraining Order." The district court's dismissal without preju- dice is not appealable at this time, given the fact that Appellant could save his complaint through amendment. Domino Sugar Corp. v. Sugar Workers' Local Union 392, 10 F.3d 1064" date_filed="1993-11-30" court="4th Cir." case_name="Domino Sugar Corporation v. Sugar Workers Local Union 392 of the United Food and Commercial Workers International Union, an Unincorporated Association">10 F.3d 1064 (4th Cir. 1993). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1992) (1988); Fed. R. Civ. P. 54(b); Cohen v. Bene- ficial Indus. Loan Corp., 337 U.S. 541" date_filed="1949-06-20" court="SCOTUS" case_name="Cohen v. Beneficial Industrial Loan Corp.">337 U.S. 541 (1949). The order here ap- pealed is neither a final order nor an appealable interlocutory order.

We dismiss the appeal as interlocutory. 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.