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56 F.3d 60

Docket No. 95-6166.

Stephen Earl Bailey v. William B. Dorsey, Sheriff Employees of the Williamsburg/james City County Jail

Fourth Circuit Court of Appeals

Submitted April 20, 1995. Decided May 25, 1995.

Fourth Circuit Court of Appeals · decided 1995-05-25

Applies 28 U.S.C. § 1292 · 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 · Brown v. Odom

Opinion by Per Curiam · Decided 1995-05-25

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Stephen Earl Bailey, appellant pro se.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

¶1

Stephen Bailey appeals the dismissal without prejudice of his pro se 42 U.S.C. Sec. 1983 (1988) complaint. Bailey's complaint was dismissed without prejudice to Bailey's right to file a proper claim alleging facts that show specific injury to himself. This Court may exercise jurisdiction only over final orders. 28 U.S.C. Sec. 1292 (1988); FED. R. CIV. P . 54(b). Because Bailey may be able to save this action by amending his complaint, the dismissal order which Bailey seeks to appeal is not an appealable final order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 (4th Cir.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.

DISMISSED

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