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    The document is a court ruling dismissing an appeal from Louis Parker Jr. for lack of jurisdiction. Parker had filed a 42 U.S.C. §1983 complaint that was dismissed without prejudice by the district court for failing to comply with Rule 8 of the Federal Rules of Civil Procedure regarding providing a short and plain statement of the claims. The appeals court found that because the dismissal was without prejudice, allowing Parker to amend his complaint, the district court's order was not a final ruling and therefore the appeals court lacked jurisdiction to hear the appeal. The appeals court dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 1996-01-24 Precedential Status: Precedential Citations: 74 F.3d 1233 Docket: 95-7434

    Original Title

    Louis Parker, Jr. v. Ronald W. Angelone James A. Smith, Jr., Regional Administrator H.R. Powell, Warden of Deerfield Correctional Center Patricia Ann Copeland, Assistant Warden of Treatment & Programs, Deerfield Correctional Center S.D. Mayes, Chief of Security, Deerfield Correctional Center Dennis Burgress, Operations Officer John Stewart, 74 F.3d 1233, 4th Cir. (1996)

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    The document is a court ruling dismissing an appeal from Louis Parker Jr. for lack of jurisdiction. Parker had filed a 42 U.S.C. §1983 complaint that was dismissed without prejudice by the district court for failing to comply with Rule 8 of the Federal Rules of Civil Procedure regarding providing a short and plain statement of the claims. The appeals court found that because the dismissal was without prejudice, allowing Parker to amend his complaint, the district court's order was not a final ruling and therefore the appeals court lacked jurisdiction to hear the appeal. The appeals court dismissed the appeal for lack of jurisdiction.

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    Public Domain
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    0 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The document is a court ruling dismissing an appeal from Louis Parker Jr. for lack of jurisdiction. Parker had filed a 42 U.S.C. §1983 complaint that was dismissed without prejudice by the district court for failing to comply with Rule 8 of the Federal Rules of Civil Procedure regarding providing a short and plain statement of the claims. The appeals court found that because the dismissal was without prejudice, allowing Parker to amend his complaint, the district court's order was not a final ruling and therefore the appeals court lacked jurisdiction to hear the appeal. The appeals court dismissed the appeal for lack of jurisdiction.

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    of 2

    74 F.

    3d 1233
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    Louis PARKER, Jr., Plaintiff--Appellant,


    v.
    Ronald W. ANGELONE; James A. Smith, Jr., Regional
    Administrator; H.R. Powell, Warden of Deerfield
    Correctional Center; Patricia Ann Copeland, Assistant
    Warden of Treatment & Programs, Deerfield Correctional
    Center; S.D. Mayes, Chief of Security, Deerfield
    Correctional Center; Dennis Burgress, Operations Officer;
    John Stewart, Defendants--Appellees.
    No. 95-7434.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 11, 1996.
    Decided Jan. 24, 1996.

    Louis Parker, Jr., Appellant Pro Se.


    Before RUSSELL, HALL, and WILKINSON, Circuit Judges.
    PER CURIAM:

    Appellant appeals from the district court's order dismissing without prejudice
    his 42 U.S.C. Sec. 1983 (1988) complaint. Because Appellant may amend his
    complaint to comply with Fed.R.Civ.P. 8 with respect to his Sec. 1983 claims,
    the district court's dismissal order is not a final, appealable order. Therefore, we
    dismiss this appeal for lack of jurisdiction. See Domino Sugar Corp. v. Sugar
    Workers Local Union 392, 10 F.3d 1064 (4th Cir.1993); 28 U.S.C. Sec. 1291
    (1988). 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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