U.S. Court of Appeals for the Fourth Circuit, 2000

Hall v. Lawson

Hall v. Lawson
U.S. Court of Appeals for the Fourth Circuit · Decided June 22, 2000

Hall v. Lawson

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6202

JOHN W. HALL, Plaintiff - Appellant, versus

TOMMY LAWSON, Commonwealth’s Attorney; RICKY BALDWIN, Investigator, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-861)

Submitted: June 15, 2000 Decided: June 22, 2000

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

John W. Hall, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: John W. Hall appeals from the district court’s order dis- missing his 42 U.S.C.A. § 1983 (West Supp. 2000) action without prejudice for his failure to timely return the consent form permitting the court to debit his prison account as required under the Prison Litigation Reform Act, 28 U.S.C.A. § 1915(b) (West Supp. 2000).* Because Hall may cure this defect in his pleading by amending his complaint to include this form, the district court’s order is not a final, appealable order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss this appeal for lack of jurisdic- tion. 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

* Although Hall returned the form entitled “Inmate Account Report,” he did not return the form entitled “Consent to Fee.”

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