UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7364
HERBERT ALONZO ROBINSON,
Plaintiff - Appellant,
versus
BILLY A. GREEN; MS. KERCHEK; SHERYL WEST;
PENNY HAMBURG; MS. WEINRICH; VICTORIA
WILLIAMS; MS. BAKER; MR. LECHENY; MS. GIBSON,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. R. Bryan Harwell, District Judge.
(CA-04-1262-2-27AJ)
Submitted: November 22, 2005 Decided: December 7, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Herbert Alonzo Robinson, Appellant Pro Se. Robert Holmes Hood,
Robert Holmes Hood, Jr., Roy Pearce Maybank, Daniel Merritt
Bradley, Elloree A. Ganes, HOOD LAW FIRM, Charleston, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Herbert Alonzo Robinson appeals the dismissal without
prejudice of his pro se 42 U.S.C.A. § 1983 (West Supp. 2001)
complaint. The district court adopted the recommendation of the
magistrate judge and dismissed Robinson’s complaint for failure to
demonstrate adequately that he had exhausted his administrative
remedies. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
Because Robinson may be able to save this action by adequately
demonstrating exhaustion, the order which Robinson seeks to appeal
is not an appealable final order. See Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064 (1993). Accordingly, we
dismiss the appeal.
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
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