Clifton Reece v. Correct Care Solution

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00711-TSE-IDD. Copies to all parties and the district court. [999786977]. Mailed to: Clifton Reece. [15-7708]

Appeal: 15-7708

Doc: 16

Filed: 04/01/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7708

CLIFTON REECE,
Plaintiff - Appellant,
v.
CORRECT CARE SOLUTION, Medical Staff, Doctors; NURSE WISE;
MAJOR FLIPPIN,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T.S. Ellis, III, Senior
District Judge. (1:15-cv-00711-TSE-IDD)

Submitted:

March 29, 2016

Decided:

April 1, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Clifton Reece, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7708

Doc: 16

Filed: 04/01/2016

Pg: 2 of 2

PER CURIAM:
Clifton Reece seeks to appeal the district court’s order
dismissing

without

prejudice

his

42

U.S.C.

§ 1983

(2012)

complaint for failing to comply with a court order.

This court

may

28

exercise

jurisdiction

only

over

final

orders,

U.S.C.

§ 1291 (2012), and certain interlocutory and collateral orders,
28

U.S.C.

§ 1292

(2012);

Beneficial

Indus.

Loan

Fed.

Civ.

P.

337

Corp.,

R.

54(b);

U.S.

541,

Cohen

545-46

v.

(1949).

Because the deficiencies identified by the district court may be
remedied by the filing of an amended complaint, we conclude that
the order Reece seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.

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

remand

and

the

case

to

the

district

court

with

instructions to allow Reece to file an amended complaint.

See

Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24
(4th Cir. 2015).
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED & REMANDED

2