U.S. Court of Appeals for the Fourth Circuit, 2019

Michael Woolls v. Commonwealth of Virginia

Michael Woolls v. Commonwealth of Virginia
U.S. Court of Appeals for the Fourth Circuit · Decided July 5, 2019

Michael Woolls v. Commonwealth of Virginia

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-1002

MICHAEL WOOLLS, Plaintiff - Appellant, v. COMMONWEALTH OF VIRGINIA, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-01155-CMH-JFA)

Submitted: March 15, 2019 Decided: July 5, 2019

Before GREGORY, Chief Judge, QUATTLEBAUM, Circuit Judge, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Woolls, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael Woolls appeals the district court’s order dismissing his civil complaint for failure to state a claim and granting him 21 days to file an amended 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, 545-47 (1949). The order Woolls seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015). 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

* Although Woolls did not file an amended complaint within the allotted time frame, nothing in the district court’s order converted its dismissal to one with prejudice, and there was no subsequent order filed dismissing with prejudice. Accordingly, Woolls’ complaint was dismissed without prejudice.

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