U.S. Court of Appeals for the Fourth Circuit, 2017

Jerome Want v. Kevin Cerrone

Jerome Want v. Kevin Cerrone
U.S. Court of Appeals for the Fourth Circuit · Decided May 3, 2017 · Wilkinson, Niemeyer, Keenan
688 F. App'x 184

Jerome Want v. Kevin Cerrone

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jerome Want seeks to appeal the district court’s order dismissing some of the claims in his civil complaint with prejudice and the remainder without prejudice. 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 district court identified deficiencies that Want may remedy by filing an amended complaint, we conclude that the order Want seeks to appeal is neither a final order nor an ap-pealable interlocutory or collateral order. See 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 deny Want’s motion to appoint counsel, deny as moot his motion to expedite, and dismiss this appeal for lack of jurisdiction. We “remand the case to the district court with instructions to allow [Want] to amend his complaint.” Goode, 807 F.3d at 630. 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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.