Anthony Kelly v. Frank Bishop

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-03795-RDB. Copies to all parties and the district court. [999904214]. Mailed to: Anthony Kelly. [15-8026]

Appeal: 15-8026

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Filed: 08/04/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-8026

ANTHONY QUENTIN KELLY,
Plaintiff – Appellant,
v.
WARDEN FRANK B. BISHOP, JR; DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:15-cv-03795-RDB)

Submitted:

July 28, 2016

Decided:

August 4, 2016

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

Dismissed and remanded by unpublished per curiam opinion.

Anthony Quentin Kelly, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-8026

Doc: 10

Filed: 08/04/2016

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PER CURIAM:
Anthony Quentin Kelly seeks to appeal the district court’s
order dismissing his complaint without prejudice.
may

exercise

jurisdiction

only

over

final

This court

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

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

v.
The

order Kelly 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 Kelly to file an amended complaint.

See

Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 630 (4th
Cir. 2015).

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