U.S. Court of Appeals for the Fourth Circuit, 2015

Christopher Odom v. State of South Carolina

Christopher Odom v. State of South Carolina
U.S. Court of Appeals for the Fourth Circuit · Decided April 2, 2015 · Agee, Keenan, Davis
599 F. App'x 79

Christopher Odom v. State of South Carolina

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Odom appeals the district court’s order adopting in part the recommendation of the magistrate judge and dismissing without prejudice Odom’s 42 U.S.C. § 1983 (2012) complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because Odom may proceed with his claims by filing another complaint and providing factual allegations specifying how the named defendants violated his constitutional rights, the order he seeks to appeal is neither a final order with respect to those claims nor an appeal-able interlocutory or collateral order. See 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 deny Odom’s motion to amend his claim. 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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