Edar Y. Rogler v. Department of Health and Human Services

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1363
EDAR Y. ROGLER,
Plaintiff - Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:07-cv-01676-WMN)
Submitted: August 14, 2008 Decided: August 19, 2008
Dismissed by unpublished per curiam opinion.
Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.
Edar Y. Rogler, Appellant Pro Se. Ariana Wright Arnold, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Edar Rogler seeks to appeal the district court’s order
dismissing without prejudice pursuant to Fed. R. Civ. P. 41(a), her
civil action alleging violations of the Privacy Act and several
underlying orders. The district court’s order stemmed from
Rogler’s request that the court dismiss her action without
prejudice. Rule 41(a) voluntary dismissal without prejudice is not
appealable. See Unioil, Inc. v. E.F. Hutton & Co., 809 F.2d 548,
555 (9th Cir. 1986) (holding that a plaintiff generally may not
appeal a voluntary dismissal without prejudice because it is not an
involuntary adverse judgment against him), overruled in part on
other grounds by In re Keegan Mgmt. Co., Sec. Litig., 78 F.3d 431,
434-35 (9th Cir. 1996).
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

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