Taylor v. Massanari

U.S. Court of Appeals for the Fourth Circuit

Taylor v. Massanari

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2081

PERNORRIS TAYLOR, SR.,

Plaintiff - Appellant,

versus

LARRY G. MASSANARI, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-01-714-3)

Submitted: November 7, 2002 Decided: November 13, 2002

Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Pernorris Taylor, Sr., Appellant Pro Se. Debra Jean Prillaman, Assistant United States Attorney, Richmond, Virginia; George G. Davidson, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Pernorris Taylor seeks to appeal the district court’s order

dismissing his civil complaint without prejudice for failure to

file a more definite statement as instructed by the magistrate

judge’s prior order. Because Taylor may be able to proceed with

this action by amending his complaint by filing a more definite

statement, 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

2

Reference

Status
Unpublished