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Workman v. Morrison Healthcare

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 4, 2018
No. 17-7621 (4th Cir. Jun. 4, 2018)
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explaining that, where the district court has already afforded a plaintiff with the opportunity to amend, the district court, in its discretion, can either afford plaintiff an additional opportunity to file an amended complaint or dismiss the complaint with prejudice

Summary of this case from Holtzclaw v. City of Greer
See 25 Summaries

Opinion

No. 17-7621

06-04-2018

OLANDIO RAY WORKMAN, Plaintiff - Appellant, v. MORRISON HEALTHCARE; THERESA DRUMMOND; BON SECOURS HEALTHCARE SYSTEM, Defendants - Appellees.

Olandio Ray Workman, Appellant Pro Se.

PER CURIAM

UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:17-cv-01229-RBH) Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges. Dismissed and remanded by unpublished per curiam opinion. Olandio Ray Workman, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Olandio Ray Workman seeks to appeal from the district court's orders accepting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. § 1983 (2012) complaint. We dismiss the appeal as interlocutory and remand for further proceedings.

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). Because the order from which Workman seeks to appeal does not "clearly preclude amendment," Workman may be able to remedy the deficiencies identified by the district court by filing an amended complaint. Accordingly, the district court's dismissal order 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); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

We therefore dismiss this appeal for lack of jurisdiction. Goode, 807 F.3d at 630. In Goode, we remanded to the district court with instructions to allow amendment of the complaint. Id. Here, however, the district court already has afforded Workman the opportunity to amend. Accordingly, we direct on remand that the district court, in its discretion, either afford Workman another opportunity to file an amended complaint or dismiss the complaint with prejudice, thereby rendering the dismissal order a final, appealable order. 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

Summaries of

Workman v. Morrison Healthcare

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 4, 2018
No. 17-7621 (4th Cir. Jun. 4, 2018)

explaining that, where the district court has already afforded a plaintiff with the opportunity to amend, the district court, in its discretion, can either afford plaintiff an additional opportunity to file an amended complaint or dismiss the complaint with prejudice

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explaining that, where the district court has already afforded a plaintiff with the opportunity to amend, the district court, in its discretion, can either afford plaintiff an additional opportunity to file an amended complaint or dismiss the complaint with prejudice

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Case details for

Workman v. Morrison Healthcare

Case Details

Full title:OLANDIO RAY WORKMAN, Plaintiff - Appellant, v. MORRISON HEALTHCARE…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 4, 2018

Citations

No. 17-7621 (4th Cir. Jun. 4, 2018)

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