Bernard Staten v. Anthony Batts
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Bernard L. Staten seeks to appeal the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2012) civil rights action. 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, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint, we conclude that the order Staten seeks to *227 appeal is neither a final order nor an appealable interlocutory or collateral order. 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 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.
Reference
- Full Case Name
- Bernard L. STATEN, Plaintiff-Appellant, v. Anthony W. BATTS, Baltimore City Police Commissioner; Corporal McEvoy, Badge No. 2784; Detective Michael, Badge No. 2873; Detective Collins, Badge No. 3254; Detective Nacke, Badge No. 3322; Detective Lee, Badge No. 3913; Detective McCollen, Badge No. 4066, Defendants-Appellees
- Status
- Unpublished