Ronnie Headen v. Warden of Green Rock Correctional Center

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6170
RONNIE HEADEN,
Plaintiff - Appellant,
v.
WARDEN OF GREEN ROCK CORRECTIONAL CENTER,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:13-cv-00005-SGW-RSB)
Submitted: April 18, 2013 Decided: April 23, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronnie Clarence Headen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronnie Clarence Headen seeks to appeal the district
court’s order dismissing without prejudice his 42 U.S.C. § 1983
(2006) complaint for failure to comply with a court order
directing him to file the documents necessary to proceed under
the Prison Litigation Reform Act, 28 U.S.C. § 1915(b) (2006).
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).
Because the deficiencies identified by the district court may be
remedied upon the resubmission of Headen’s complaint, we
conclude that the district court’s order is neither a final
order nor an appealable interlocutory or collateral order.
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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