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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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