Public-domain · open source
OpenJurist

157 F. App'x 627

Robinson v. Green

U.S. Courts of Appeals

Decided December 7, 2005

U.S. Courts of Appeals · decided 2005-12-07

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Cohen v. Beneficial Industrial Loan Corp. · Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Dismissed by unpublished PER CURIAM opinion · Decided 2005-12-07

PER CURIAM:

¶1 Herbert Alonzo Robinson appeals the dismissal without prejudice of his pro se 42 U.S.C.A. § 1983 (West Supp.2001) com *628 plaint. The district court adopted the recommendation of the magistrate judge and dismissed Robinson’s complaint for failure to demonstrate adequately that he had exhausted his administrative remedies. This court may exercise jurisdiction. only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because Robinson may be able to save this action by adequately demonstrating exhaustion, the order which Robinson seeks to appeal is not an appeal-able final order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 (1993). Accordingly, we dismiss the appeal.

¶2 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.

¶3 DISMISSED

/157/fappx/627 · .json · Public domain