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  • Jones v. Montague, 4th Cir. (1996)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's § 1983 complaint without prejudice, meaning it could be refiled. The appeals court found that it did not have jurisdiction over the appeal because the district court's dismissal was without prejudice and the complaint could potentially be saved by amendment. Therefore, the appeals court dismissed the appeal.

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    Filed: 1996-06-03 Precedential Status: Non-Precedential Docket: 95-8594

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's § 1983 complaint without prejudice, meaning it could be refiled. The appeals court found that it did not have jurisdiction over the appeal because the district court's dismissal was without prejudice and the complaint could potentially be saved by amendment. Therefore, the appeals court dismissed the appeal.

    Copyright:

    Public Domain
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    1 views2 pages

    Jones v. Montague, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's § 1983 complaint without prejudice, meaning it could be refiled. The appeals court found that it did not have jurisdiction over the appeal because the district court's dismissal was without prejudice and the complaint could potentially be saved by amendment. Therefore, the appeals court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-8594

    BENJAMIN HENDERSON JONES,


    Plaintiff - Appellant,
    versus
    BERT M. MONTAGUE; PATRICIA S. CONNOR; JUDITH
    CAREEN; STEVEN H. GOLDBLATT; MICHELLE J.
    ANDERSON; DAURIE J. SIMMONS,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Chief
    District Judge. (CA-95-1681-AM)
    Submitted:

    May 16, 1996

    Decided:

    June 3, 1996

    Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Benjamin Henderson Jones, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals from the district court's order dismissing
    his 42 U.S.C. 1983 (1988) complaint without prejudice. The complaint may be saved by amendment. Thus, we have no jurisdiction
    over the current appeal. Domino Sugar Corp. v. Sugar Workers Local
    Union 392, 10 F.3d 1064, 1067 (4th Cir. 1993). 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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