Swanson v. County of Pickens , 33 F. App'x 125 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6208
MELVIN EARL SWANSON, SR.,
Plaintiff - Appellant,
versus
COUNTY OF PICKENS, Government; JOHN W. DEJONG,
Pickens County Public Defender,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (CA-01-4485-13-AK)
Submitted: April 9, 2002 Decided: April 29, 2002
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Melvin Earl Swanson, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Melvin Earl Swanson, Sr., appeals the district court’s order
dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint
without prejudice. Because Swanson may refile his complaint to
allege he has exhausted his state court remedies, we dismiss the
appeal for lack of jurisdiction because the order is not a final,
appealable order. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
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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