Thomasina Lacey v. Home Depot U.S.A., Inc.
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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