John Bell v. Conmed

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6147

JOHN A. BELL,

Plaintiff - Appellant,

v.

CONMED,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:12-cv-01300-JCC-JFA)

Submitted: April 25, 2013 Decided: April 30, 2013

Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

John A. Bell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

John A. Bell seeks to appeal the district court’s

dismissal without prejudice of his 42 U.S.C. § 1983 (2006)

complaint for failing to abide by the order of the court. 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). The

order Bell seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Bell may be able

to save his action by particularizing his complaint and amending

it to comply with the district court’s order. See Domino Sugar

Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67

(4th Cir. 1993). Accordingly, we deny leave to proceed in forma

pauperis and 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

this court and argument would not aid the decisional process.

DISMISSED

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