UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6306
MARK ROBINSON,
Plaintiff - Appellant,
versus
K. BASSETT; TAZEWELL CORRECTIONAL UNIT #31,
Authorities; MAJOR PICKERAL; MS. DOWDY,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-01-804-7)
Submitted: May 16, 2002 Decided: May 23, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Robinson, Appellant Pro Se. Susan Foster Barr, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mark Robinson appeals the district court’s order dismissing
without prejudice his civil rights action filed under 42 U.S.C.A.
§ 1983 (West Supp. 2001), for failure to state a claim upon which
relief may be granted. Because the dismissal was without prejudice,
Robinson may refile his complaint alleging sufficient facts to
state a claim for § 1983 relief. Accordingly, we dismiss the
appeal for lack of jurisdiction because the order 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). 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