Wright v. North Carolina General Assembly
Opinion
Unpublished opinions are not binding precedent in this circuit.
Anthony Wright seeks to appeal the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2012) complaint under 28 U;S.C. § 1915(e)(2)(B) (2012). 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 deficiency identified by the district court •may be remedied by the filing of an amended complaint, we conclude that the order Wright seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
Accordingly, we dismiss this appeal for lack of jurisdiction and remand the casé to the district court with instructions to allow Wright to file an amended complaint. 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 AND REMANDED
Reference
- Full Case Name
- Anthony WRIGHT, Plaintiff-Appellant, v. NORTH CAROLINA GENERAL ASSEMBLY; Governor of North Carolina, Defendants-Appellees
- Status
- Unpublished