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

Sundari Prasad v. Wells Fargo Bank

Sundari Prasad v. Wells Fargo Bank
U.S. Court of Appeals for the Fourth Circuit · Decided December 28, 2017 · Duncan, Hamilton, Per Curiam, Wilkinson
707 F. App'x 204

Sundari Prasad v. Wells Fargo Bank

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

In these consolidated cases, Sundari Karma Prasad seeks to appeal the district court’s orders dismissing without prejudice two of Prasad’s pending 42 U.S.C. § 1983 (2012) actions for failure to adequately comply with the magistrate judge’s orders to further particularize her complaints. 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 amended complaints, we conclude that the orders Prasad seeks to appeal are neither final orders nor appeal-able interlocutory or collateral orders. 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 these appeals 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

*

We do not remand either of these matters to the district court, though, because the court previously afforded Prasad the chance to amend her complaints, and she failed to do so. Cf. Goode, 807 F.3d at 629-30.

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