John Paul Smith, Sr v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066 4th Cir. 1993 . - 2 - PER CURIAM:…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6273
JOHN PAUL SMITH, SR.,
Plaintiff - Appellant,
versus
COMMONWEALTH OF VIRGINIA; VIRGINIA DEPARTMENT
OF CORRECTIONS; GENE M. JOHNSON, VDOC
Director; FRED SCHILLING, VDOC Health Services
Director; POWHATAN CORRECTIONAL CENTER; EDDIE
L. PEARSON, Warden; ASST. WARDEN MEDICAL
BAILEY; DOCTOR RODR; NURSE SPIGLE, RN,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:06-cv-00643-RBS)
Submitted: August 30, 2007 Decided: September 6, 2007
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Paul Smith, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

*Because Smith’s complaint was dismissed without prejudice and
the relevant defect can be cured by amending the complaint, the
dismissal order is interlocutory and not appealable. See Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066
(4th Cir. 1993).
- 2 -
PER CURIAM:
John Paul Smith seeks to appeal the district court’s
dismissal without prejudice of his civil action. 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 (1949). The order Smith seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order. * 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
the court and argument would not aid the decisional process.
DISMISSED

-- 2 of 2 --