Greg Givens v. Robert Nutting

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cv-00064-IMK-JES. Copies to all parties and the district court/agency. [999148852]. Mailed to: Greg Givens. [13-1100]

Appeal: 13-1100

Doc: 13

Filed: 07/12/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1100

GREG GIVENS,
Plaintiff – Appellant,
v.
ROBERT NUTTING; ROBERT
REYNARD; WTOV, INC.,

G.

MCCOID;

CASEY

JUNKINS;

TYLER

Defendants - Appellees.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Irene M. Keeley,
District Judge. (5:12-cv-00064-IMK-JES)

Submitted:

May 31, 2013

Decided:

July 12, 2013

Before NIEMEYER, SHEDD, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Greg Givens, Appellant Pro Se. John Raymond Merinar, Jr.,
STEPTOE & JOHNSON, PLLC, Bridgeport, West Virginia; Robert G.
McCoid, MCCAMIC, SACCO, PIZZUTI & MCCOID, PLLC, Wheeling, West
Virginia; Walter P. DeForest, III, DEFOREST KOSCELNIK YOKITIS
SKINNER & BERARDINELLI, Pittsburg, Pennsylvania, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-1100

Doc: 13

Filed: 07/12/2013

Pg: 2 of 2

PER CURIAM:
Greg Givens appeals from the district court’s order
adopting the report and recommendation of the magistrate judge
and

dismissing

Givens’

civil

complaint

without

prejudice

lack of jurisdiction and failure to state a claim.
that

the

order

interlocutory
deficiencies

is

neither

final

order

nor

Since

Givens

may

cure

complaint

that

were

order.
in

the

a

for

We conclude

an

appealable

the

pleading

identified

by

the

district court, see Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993), we dismiss
this appeal for lack of jurisdiction.
We

dispense

contentions

with
are

oral

argument

adequately

See Fed. R. Civ. P. 54.

because

presented

in

the

facts

and

the

materials

legal
before

this Court and argument would not aid the decisional process.

DISMISSED

2