Free USCA Judgment - District Court of Delaware - Delaware

Case 1:04-cv-00958-KAJ Document 10 Filed 04/08/2005 Page 1 of 1
1-IPS—52 (March, 2005) March 11, 2005
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. N0. 04-4778
PEDRO A. RODRIGUEZ, E © E H W E
Appellant rt
FIRST CORRECTIONAL MEDICAL, etal. alot EENQEQE
(D. DEL. CIV. NO. 04-CV-00958) F UE ` “
Present: SCIRICA, CHIEF JUDGE, WEIS AND GARTH, CIRCUIT JUDGES
Submitted are:
(1) By the Clerk for possible dismissal due to a jurisdictional
defect; and
(2) By the Clerk, the within appeal for possible dismissal under .
28 U.S.C. 19l5(e)(2)(B) in the above-captioned case. l
Respectfully,
Clerk
MMW/JLR/je/slc
ORDER
This appeal is dismissed for lack of appellate jurisdiction because Appellant
seeks to appeal a non-final order. gz; 28 U.S.C. § 1291 (stating that the courts of appeals
shall have jurisdiction of appeals from all tinal decisions of the district courts). An order
which dismisses a complaint without prejudice is neither tinal nor appealable because the
plaintiff may correct the deficiency without affecting thc cause of action. Borelli v. City
of Reading, 532 F .2d 950, 951-52 (3d Cir. 1976). Appellant may retile his complaint
with the required forms in District Court and pursue his claims.
A Im CDW: By the Court,
, --·~ » ity /s/ Joseph F. Weis, Jr.
Marcia M. Waldron, Circuit Judge
· Clerk
Dated: April 6, 2005
SLC/cc: Mr, Pedro A. Rodriguez, SBI #245216