Doreen Shing v. MD Developmental Disabilitie

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to submit on the briefs (Local Rule 34(e)) [999867460-2] Originating case number: 1:16-cv-00683-RDB Copies to all parties and the district court/agency. [1000006376]. Mailed to: Shing. [16-1467]

Appeal: 16-1467

Doc: 14

Filed: 01/19/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1467

DOREEN SHING,
Plaintiff - Appellant,
and
MAY SHING,
Plaintiff,
v.
MD DEVELOPMENTAL DISABILITIES
HEALTH AND MENTAL HYGIENE,

ADMINISTRATION;

MD

DEPT

OF

Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:16-cv-00683-RDB)

Submitted:

January 9, 2017

Before DIAZ and
Circuit Judge.

HARRIS,

Decided:

Circuit

Judges,

and

January 19, 2017

DAVIS,

Senior

Dismissed and remanded by unpublished per curiam opinion.

Doreen Shing, Appellant Pro Se.
William G. Dunlap, OFFICE OF
THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1467

Doc: 14

Filed: 01/19/2017

Pg: 2 of 2

PER CURIAM:
Doreen

and

May

Shing

(“the

Shings”)

seek

to

appeal

the

district court’s order dismissing their civil complaint without
prejudice for lack of subject matter jurisdiction.
may

exercise

jurisdiction

only

over

final

orders,

This court
28

U.S.C.

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

U.S.C.

§ 1292

(2012);

Beneficial

Indus.

Loan

Fed.

R.

P.

337

Corp.,

Civ.

54(b);

U.S.

541,

Cohen

545-46

v.

(1949).

Because it is possible that the Shings could cure the defects in
their complaint through amendment, the order they seek to appeal
is

neither

a

final

collateral order.

order

nor

an

appealable

interlocutory

or

See Goode v. Cent. Va. Legal Aid Soc’y, 807

F.3d 619, 623-25 (4th Cir. 2015).

Accordingly, we deny as moot

Appellees’ motion to submit on the briefs, dismiss the appeal
for lack of jurisdiction, and remand the case to the district
court with instructions to allow the Shings to file an amended
complaint.
legal
before

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED AND REMANDED

2