Opinion
No. 18-7293
04-09-2019
ROBERT LEE MAYO, Plaintiff - Appellant, v. RICHARD DAVIS, Attorney; NORFOLK CITY JAIL, Norfolk Sheriff's Office, Defendants - Appellees.
Robert Lee Mayo, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:18-cv-01237-LMB-IDD) Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed and remanded by unpublished per curiam opinion. Robert Lee Mayo, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Robert Lee Mayo seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 (2012) complaint 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, 545-46 (1949). Because it is possible that Mayo could cure the defects in his complaint through amendment, the order he 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, 623-25, 628-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to allow Mayo to file an amended complaint. 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