Tom Franklin v. Tarrant County Appraisal

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cv-00361-JAG Copies to all parties and the district court/agency. [999457951]. Mailed to: Franklin. [14-1774]

Appeal: 14-1774

Doc: 5

Filed: 10/20/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1774

TOM FRANKLIN,
Plaintiff - Appellant,
v.
TARRANT COUNTY APPRAISAL DISTRICT,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:14-cv-00361-JAG)

Submitted:

October 16, 2014

Decided:

October 20, 2014

Before MOTZ, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tom Franklin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1774

Doc: 5

Filed: 10/20/2014

Pg: 2 of 2

PER CURIAM:
Tom

Franklin
42

appeals

U.S.C.

§

the

1983

district
(2012)

court’s

complaint

order

dismissing

his

without

prejudice.

Because Franklin may amend his complaint to cure the

defects identified by the district court, the dismissal order is
interlocutory and not appealable.

See Chao v. Rivendell Woods,

Inc., 415 F.3d 342, 345 (4th Cir. 2005); Domino Sugar Corp. v.
Sugar Workers Local Union 392, 10 F.3d 1064, 1066–67 (4th Cir.
1993).

Accordingly,

jurisdiction.

we

dismiss

the

appeal

for

lack

of

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

2