Linwood E. Chandler v. ERIC J. ALDRIDGE, Assistant Warden

13-8003Court of Appeals for the Fourth Circuit5 mar 2014

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-8003
LINWOOD E. CHANDLER,
Plaintiff - Appellant,
v.
ERIC J. ALDRIDGE, Assistant Warden; ATHER IQBAL, Doctor; W.
DAVENPORT, Female Nurse; R. EDWARDS, Unit Manager; C. L.
LEE, Sergeant-Female; R. A. GRANT, Lieutenant (O.I.C.); V.
MANGURM, Property Officer; D. RITENOUR, Property Officer; R.
MULLINS, Property Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:13-cv-01080-JCC-TCB)
Submitted: February 27, 2014 Decided: March 5, 2014
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linwood Earl Chandler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Linwood Earl Chandler appeals the district court’s
order dismissing without prejudice his 42 U.S.C. § 1983 (2012)
action for failure to return the consent form permitting
withdrawal from his prison account and the affidavit showing
that he exhausted administrative remedies. Because Chandler may
refile his suit and either pay the required fee or consent to
withdrawal in installments and file the affidavit, the dismissal
order is interlocutory and not appealable. See Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 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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