Thomasina Lacey v. Home Depot U.S.A., Inc.

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:11-cv-00521-AWA-DEM. Copies to all parties and the district court/agency. [998844221]. Mailed to: Arthur House and Thomasina Lacey. [11-2358]

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Appeal: 11-2358 Document: 13 Date Filed: 05/01/2012 Page: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2358 THOMASINA C. LACEY, Plaintiff – Appellant, v. HOME DEPOT U.S.A., INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda Wright Allen, District Judge. (2:11-cv-00521-AWA-DEM) Submitted: April 23, 2012 Decided: May 1, 2012 Before SHEDD, DUNCAN, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomasina C. Lacey, Appellant Pro Se. Hope B. Eastman, Arthur G. House, PALEY, ROTHMAN, GOLDSTEIN, ROSENBERG, EIG & COOPER, CHTD, Bethesda, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 11-2358 Document: 13 Date Filed: 05/01/2012 Page: 2 of 2 PER CURIAM: Thomasina court’s order C. Lacey dismissing discrimination complaint. seeks without to appeal prejudice the her district employment This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders. See 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because Lacey could amend her complaint to cure the defects identified by the district court, the order she seeks to appeal is interlocutory and not appealable. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument adequately because presented in the the facts and materials legal before contentions the court are and argument would not aid the decisional process. DISMISSED 2

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