Brian Siler v. Municipality of Randolph Cty

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00961-LCB-LPA. Copies to all parties and the district court/agency. [999812264]. Mailed to: Brian Siler. [15-7981]

Appeal: 15-7981

Doc: 11

Filed: 05/04/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7981

BRIAN KEITH SILER,
Plaintiff – Appellant,
v.
MUNICIPALITY OF RANDOLPH COUNTY; MUNICIPALITY
COUNTY; FRANK L. PERRY; BEN HOLLOMAN, JR.,

OF

CASWELL

Defendants - Appellees.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Loretta C. Biggs,
District Judge. (1:15-cv-00961-LCB-LPA)

Submitted:

April 19, 2016

Before DIAZ and
Circuit Judge.

FLOYD,

Decided:

Circuit

Judges,

and

May 4, 2016

HAMILTON,

Senior

Dismissed and remanded by unpublished per curiam opinion.

Brian Keith Siler, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7981

Doc: 11

Filed: 05/04/2016

Pg: 2 of 2

PER CURIAM:
Brian

Keith

Siler

seeks

to

appeal

the

district

court’s

order accepting the recommendation of the magistrate judge and
dismissing

his

42

U.S.C.

§ 1983

(2012)

complaint

without

prejudice to his right to file a petition for a writ of habeas
corpus

or

an

amended

complaint.

This

court

may

exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2012),
and

certain

interlocutory

and

collateral

orders,

28

U.S.C.

§ 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949).
to

appeal

is

neither

a

final

order

interlocutory or collateral order.
Legal

Aid,

807

F.3d

619

(4th

Cir.

The order Siler seeks
nor

an

appealable

See Goode v. Central Va.
2015).

Accordingly,

we

dismiss the appeal for lack of jurisdiction, and remand the case
to the district court with instructions to allow Siler to file
an

amended

complaint

or

petition.

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 AND REMANDED

2