Rayvern Green v. Warden McCall , 536 F. App'x 331 ( 2013 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-6918
    RAYVERN EARL GREEN, formerly inmate 340900,
    Plaintiff - Appellant,
    v.
    WARDEN M. MCCALL,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.     J. Michelle Childs, District
    Judge. (6:13-cv-00503-JMC)
    Submitted:   July 25, 2013                  Decided:   July 30, 2013
    Before GREGORY, DAVIS, and THACKER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Rayvern Earl Green, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Rayvern      Earl    Green     seeks    to    appeal      the      district
    court’s   order     dismissing     his   complaint       without      prejudice       for
    failing   to   comply     with    orders     of    the   court    and    failing      to
    prosecute.     This court may exercise jurisdiction only over final
    orders, 
    28 U.S.C. § 1291
     (2006), and certain interlocutory and
    collateral     orders,    
    28 U.S.C. § 1292
         (2006);      Fed.    R.    Civ.   P.
    54(b); Cohen v. Beneficial Indus. Loan Corp., 
    337 U.S. 541
    , 545-
    46 (1949).      The order Green seeks to appeal is neither a final
    order   nor    an   appealable      interlocutory        or    collateral       order.
    Green may be able to reopen his case by filing a motion in the
    district court and complying with the court’s order.                            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   this     court    and   argument       would     not    aid    the
    decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 13-6918

Citation Numbers: 536 F. App'x 331

Judges: Davis, Gregory, Per Curiam, Thacker

Filed Date: 7/30/2013

Precedential Status: Non-Precedential

Modified Date: 8/7/2023