Connor v. Mitchell

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7443 MICHAEL WAYNE CONNOR, Plaintiff - Appellant, versus MICHELLE MITCHELL, Sheriff, Richmond City Jail, Defendant - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CA-01-497-2) Submitted: November 29, 2001 Decided: December 10, 2001 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Wayne Connor, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael Wayne Connor appeals the district court’s order dis- missing without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. The court dismissed Connor’s action because he failed to comply with the court’s order directing Conner to sign and re- submit his complaint. Because Conner may proceed with this action by signing and resubmitting the complaint, the order in question is not a final, appealable order. 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 the court and argument would not aid the decisional process. DISMISSED 2