John Albert Miller, Iv v. Maryland Division of Correction

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6693
JOHN ALBERT MILLER, IV,
Plaintiff - Appellant,
v.
MARYLAND DIVISION OF CORRECTION,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. James K. Bredar, District Judge.
(1:11-cv-00809-JKB)
Submitted: August 25, 2011 Decided: August 30, 2011
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Albert Miller, IV, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Albert Miller, IV, seeks to appeal the district
court’s order dismissing his complaint without prejudice. This
court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2006), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Miller seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. See Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1067 (4th
Cir. 1993) (“a plaintiff may not appeal the dismissal of his
complaint without prejudice unless the grounds for dismissal
clearly indicate that no amendment in the complaint could cure
the defects in the plaintiff’s case.” (internal quotation marks
and brackets omitted)). 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

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