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182 F. App'x 181

Turner v. Reddick-Lane

U.S. Courts of Appeals

Decided May 23, 2006

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U.S. Courts of Appeals · decided 2006-05-23

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

Relies on Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Dismissed by unpublished PER CURIAM opinion · Decided 2006-05-23

PER CURIAM:

¶1 Robert Douglas Turner appeals from the district court’s order dismissing his 42 U.S.C. § 1983 (2000) action for failure to comply with its order to complete and return a United States Marshal form so that his complaint could be served. Because Turner may cure the defect in his complaint by filing the form in accordance with the district court’s order, the dismissal is interlocutory and not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). Accordingly, we 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 the court and argument would not aid the decisional process.

¶2 DISMISSED

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