UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-6790

DONNELL HAWKINS,

Petitioner - Appellant,

v.

R. A. PERDUE,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:13-cv-00214-IMK-JES)

Submitted: September 25, 2014 Decided: September 30, 2014

Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Donnell Hawkins, Appellant Pro Se. Helen Campbell Altmeyer, Alan McGonigal, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Donnell Hawkins, a federal prisoner, seeks to appeal

the district court’s order adopting the magistrate judge’s

recommendation to dismiss without prejudice his

(2012) petition, in which he challenged the conditions of his

confinement. Because Hawkins may amend his complaint to proceed

under Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics,

(1971), rather than § 2241, the district

court’s dismissal without prejudice is not a final order and is

not subject to appellate review. See Domino Sugar Corp. v.

Sugar Workers Local Union 392,

, 1066–67 (4th Cir.

1993). Accordingly, we dismiss the appeal for lack of

jurisdiction. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

DISMISSED

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