UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1307
RICKY LEE HANKINS,
Plaintiff – Appellant,
v.
JIMMY AYERS,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, District
Judge. (6:09-cv-00014-nkm)
Submitted: June 3, 2009 Decided: June 10, 2009
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ricky Lee Hankins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ricky Lee Hankins seeks to appeal the district court’s
order dismissing without prejudice his 42 U.S.C. § 1983 (2006)
complaint for failure to state a claim upon which relief may be
granted under 28 U.S.C. § 1915(e)(2)(B) (2006). This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(2006), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because the
deficiency identified by the district court – that the complaint
did not assert sufficient facts in support of its legal
conclusions – may be remedied by the filing of a complaint that
articulates adequate facts, we conclude that the order Hankins
seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. See Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1066 (4th Cir.
1993) (a dismissal without prejudice is not generally
appealable).
Accordingly, we dismiss the appeal for lack of
jurisdiction. We deny Hankins’ motion for appointment of
counsel. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
DISMISSED
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