UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1710
DAVID E. HENDERSON,
Plaintiff – Appellant,
v.
JOHN NALAND, President American Foreign Service Association
(AFSA); SHARON LATE, General Counsel American Foreign
Service Association (AFSA),
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:08-cv-00535-LMB-TCB)
Submitted: November 13, 2008 Decided: November 19, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David E. Henderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David E. Henderson appeals the district court's order
dismissing without prejudice his complaint against Defendants
asserting they wrongfully refused to assist him in obtaining the
medical retirement benefits he was allegedly denied in 1981.
Because Henderson may amend his complaint to cure the defects
identified by the district court, the dismissal order is
interlocutory and not appealable. See Chao v. Rivendell Woods,
Inc., 415 F.3d 342, 345 (4th Cir. 2005); 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