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900 F.2d 258

Docket No. 89-6863.

White v. Robinson

Fourth Circuit Court of Appeals

Submitted Nov. 30, 1989. Decided March 20, 1990.

Fourth Circuit Court of Appeals · decided 1990-03-20

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Griggs v. Provident Consumer Discount Co. · Bertha H. Williams v. C. William Verity, Secretary, Department of Commerce

Opinion by Per Curiam · Decided 1990-03-20

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Norman P. Ramsey, District Judge. (C/A No. 89-2604-R).

Linwood White, appellant pro se.

D.Md.

DISMISSED.

Before K.K. HALL and WILKINSON, Circuit Judges, and HARRISON L. WINTER, Senior Circuit Judge.

PER CURIAM:

¶1

Linwood White appealed the district court's order dismissing his 42 U.S.C. Sec. 1983 action. He also filed a motion for reconsideration pursuant to Fed.R.Civ.P. 59. The district court granted the motion to reconsider and ordered White to demonstrate exhaustion of remedies pursuant to 42 U.S.C. Sec. 1997e. The original dismissal is not appealable because of the subsequent filing of the timely Rule 59 motion. Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982). Further, the order directing White to demonstrate exhaustion is not a final order. We dismiss the appeal for lack of jurisdiction.

¶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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