U.S. Court of Appeals for the Fourth Circuit, 2002

Lyons v. Beeler

Lyons v. Beeler
U.S. Court of Appeals for the Fourth Circuit · Decided November 14, 2002 · Hamilton, Luttig, Wilkins
50 F. App'x 636

Lyons v. Beeler

Opinion of the Court

PER CURIAM.

James D. Lyons, a federal prisoner, appeals the district court’s order dismissing without prejudice his petition filed under 28 U.S.C. § 2241 (2000). We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order appealed from is neither a final order nor an appealable interlocutory or collateral order because Lyons may proceed by simply amending his complaint. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

*637We 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.

DISMISSED.

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