Perry v. Cole

U.S. Court of Appeals for the Fourth Circuit
Perry v. Cole, 26 F. App'x 305 (4th Cir. 2002)

Perry v. Cole

Opinion

PER CURIAM.

Raymond Perry, II, appeals the district court order dismissing without prejudice his complaint alleging violations under 42 U.S.C.A. § 1983 (West Supp. 2001). The court dismissed Perry’s complaint based on his failure to comply with its orders directing him to submit proof that he had exhausted his administrative remedies.

Because Perry may proceed with this action by amending his complaint to provide the information requested by the district court, the dismissal order is not final and thus is not subject to appellate review. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

We therefore dismiss the appeal. 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.

Reference

Full Case Name
Raymond PERRY, II, Plaintiff-Appellant, v. Janice M. COLE, U.S. Attorney, United States Department of Justice; John R. Dewan, Superintendent, Western Tidewater Regional Jail, Defendants-Appellees
Status
Unpublished