UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-2067

DOUGLAS E. OSBORNE,

Plaintiff - Appellant,

v.

BAKERS CONFECTIONARY, TOBACCO WORKERS AND GRAIN MILLERS UNION, LOCAL T-317,

Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:14-cv-00749-CCE-LPA)

Submitted: March 12, 2015 Decided: March 16, 2015

Before DIAZ and HARRIS, Circuit Judges. *

Dismissed by unpublished per curiam opinion.

Douglas E. Osborne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

* The opinion is filed by a quorum pursuant to

(d). PER CURIAM:

Douglas E. Osborne seeks to appeal the district court’s

order adopting the magistrate judge’s report and recommendation

and, pursuant to

(e)(2)(B)(ii) (2012),

dismissing without prejudice his civil complaint against his

former union for failure to state a claim. This court may

exercise jurisdiction only over final orders,

(2012), and certain interlocutory and collateral orders,

(2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial

Indus. Loan Corp.,

(1949). The order

Osborne seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. † Accordingly, we

dismiss the appeal for lack of jurisdiction, and we deny as moot

Osborne’s motion to compel the production of documents. 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

† Because Osborne may amend his complaint to cure the defects identified by the district court, the dismissal order is interlocutory and not appealable. See Chao v. Rivendell Woods, Inc.,

(4th Cir. 2005); Domino Sugar Corp. v. Sugar Workers Local Union 392,

, 1066–67 (4th Cir. 1993).

2