Jose Reyes-Figueroa v. R. Purdue , 585 F. App'x 282 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7085
JOSE REYES-FIGUEROA,
Petitioner - Appellant,
v.
R. A. PURDUE,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp,
Jr., Senior District Judge. (5:14-cv-00052-FPS-JES)
Submitted: November 20, 2014 Decided: November 25, 2014
Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jose Reyes-Figueroa, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Reyes-Figueroa seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2241
(2012) petition. The district court dismissed the petition
pursuant to Fed. R. Civ. P. 41(b) when Reyes-Figueroa failed to
correct deficiencies in his petition after being ordered to do
so by the district court. Because Reyes-Figueroa may file an
amended petition to cure the defects identified by the district
court, we find that the dismissal order is interlocutory and not
appealable. See Chao v. Rivendell Woods, Inc., 415 F.3d 342,
345 (4th Cir. 2005); Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly,
we deny leave to proceed in forma pauperis and 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
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