UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7313
JOSEPH DONALD LEE GREENE,
Plaintiff - Appellant,
versus
RONALD J. ANGELONE, Director; RUFUS J.
FLEMING, Regional Director; H. R. POWELL,
Warden; POPE GRIZZARD Operations Officer; J.
H. BONEY, Mailroom Supervisor; JANE DOE
ASHBURN, c/o Mailroom Clerk,
Defendants - Appellees.
No. 02-7856
JOSEPH DONALD LEE GREENE,
Plaintiff - Appellant,
versus
RONALD J. ANGELONE, Director; RUFUS J.
FLEMING, Regional Director; H. R. POWELL,
Warden; POPE GRIZZARD, Operations Officer; J.
H. RONEY, Mailroom Supervisor; CORRECTIONAL
OFFICER ASHBURN, Mailroom Clerk,
Defendants - Appellees.
Appeals from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-02-656-2, CA-02-611-2)
Submitted: January 30, 2003 Decided: February 14, 2003
Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.
No. 02-7313 affirmed as modified and No. 02-7856 dismissed by
unpublished per curiam opinion.
Joseph Donald Lee Greene, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
In No. 02-7313, Greene appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28
U.S.C. § 1915A(b) (2000). We have reviewed the record and the
district court’s opinion. We agree Greene’s complaint did not state
a claim for the reasons stated by the district court. Under the
circumstances of this case, however, we believe the district court
should have dismissed Greene’s complaint without prejudice.
Accordingly, we affirm the district court’s order for the reasons
stated by the district court with the modification that the
dismissal is without prejudice.
In No. 02-7856, Greene seeks to appeal the district court’s
order denying his motions for appointment of counsel and to recuse
the district court judge. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
541 (1949). The order Greene seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.*
*
To the extent Greene may be attempting to appeal the
district court’s order concerning his motion for a preliminary
injunction, Greene did not timely appeal that order. See Fed. R.
App. P. 4(a); Browder v. Director, Dep’t of Corr., 434 U.S. 257,
264 (1978).
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Accordingly, in No. 02-7313 we affirm as modified to reflect
that the dismissal was without prejudice. We deny Greene’s motion
for abeyance. In No. 02-7856, we dismiss the appeal for lack of
jurisdiction because it is interlocutory. 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.
No. 02-7313 - AFFIRMED AS MODIFIED
No. 02-7856 - DISMISSED
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