Robinson v. Green

U.S. Court of Appeals for the Fourth Circuit
Robinson v. Green, 157 F. App'x 627 (4th Cir. 2005)

Robinson v. Green

Opinion

PER CURIAM:

Herbert Alonzo Robinson appeals the dismissal without prejudice of his pro se 42 U.S.C.A. § 1983 (West Supp. 2001) com *628 plaint. The district court adopted the recommendation of the magistrate judge and dismissed Robinson’s complaint for failure to demonstrate adequately that he had exhausted his administrative remedies. This court may exercise jurisdiction. only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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). Because Robinson may be able to save this action by adequately demonstrating exhaustion, the order which Robinson seeks to appeal is not an appeal-able final order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 (1993). Accordingly, we 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
Herbert Alonzo ROBINSON, Plaintiff—Appellant, v. Billy A. GREEN; Ms. Kerchek; Sheryl West; Penny Hamburg; Ms. Weinrich; Victoria Williams; Ms. Baker; Mr. Lecheny; Ms. Gibson, Defendants—Appellees
Status
Unpublished