Opinion
22-1156
10-17-2022
ROBERT W. JOHNSON, Plaintiff-Appellant, v. ANDREW CUOMO; JOHNATHAN SMITH; WILLIAM LAMOT; RICHMOND UNIVERSITY MEDICAL CENTER; JENNIFER GOMEZ; NEW YORK STATE, Division of Human Rights, Defendants-Appellees.
Robert W. Johnson, Appellant Pro Se.
UNPUBLISHED
Submitted: October 13, 2022
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, Senior District Judge. (1:22-cv-00079-LO-TCB)
Robert W. Johnson, Appellant Pro Se.
Before NIEMEYER and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Robert W. Johnson seeks to appeal the district court's order dismissing without prejudice his civil action for failure to state a claim and providing Johnson the opportunity to file an amended complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Johnson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Britt v. DeJoy, 45 F.4th 790, 793, 796-97 (4th Cir. 2022) (en banc) (order) (explaining that a plaintiff who wishes to "seek appellate review by electing to stand on [his] complaint . . . should request that the district court enter a final decision dismissing [his] case without leave to amend"). 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