Taylor v. Massanari ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2081
PERNORRIS TAYLOR, SR.,
Plaintiff - Appellant,
versus
LARRY G. MASSANARI, Commissioner of Social
Security,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-01-714-3)
Submitted: November 7, 2002 Decided: November 13, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Pernorris Taylor, Sr., Appellant Pro Se. Debra Jean Prillaman,
Assistant United States Attorney, Richmond, Virginia; George G.
Davidson, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pernorris Taylor seeks to appeal the district court’s order
dismissing his civil complaint without prejudice for failure to
file a more definite statement as instructed by the magistrate
judge’s prior order. Because Taylor may be able to proceed with
this action by amending his complaint by filing a more definite
statement, the dismissal order is not final and thus is not subject
to appellate review. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). We therefore
dismiss the appeal. 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
2