Henry Astrop v. Anita Newton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00036-JAG. Copies to all parties and the district court/agency. [999906566]. Mailed to: Henry Astrop. [16-1208]

Appeal: 16-1208

Doc: 7

Filed: 08/09/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1208

HENRY LEWIS ASTROP,
Plaintiff – Appellant,
v.
ANITA NEWTON,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:16-cv-00036-JAG)

Submitted:

August 4, 2016

Decided:

August 9, 2016

Before GREGORY, Chief Judge, KING, Circuit Judge, and DAVIS,
Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Henry
Lewis
Astrop,
Appellant
Pro
Lawrenceville, Virginia, for Appellee.

Se.

Anita

Newton,

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1208

Doc: 7

Filed: 08/09/2016

Pg: 2 of 2

PER CURIAM:
Henry Lewis Astrop seeks to appeal the district court’s
order dismissing his civil complaint without prejudice for lack
of

subject

matter

jurisdiction.

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

The order Astrop seeks
nor

an

appealable

See Goode v. Central Va.

Cir.

2015).

Accordingly,

we

dismiss the appeal for lack of jurisdiction, and remand the case
to the district court with instructions to allow Astrop to file
an amended complaint.

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