Sherry Eveland v. State of Maryland
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999826494-2]; denying Motion for other relief [999909417-2] Originating case number: 1:16-cv-00762-CCB Copies to all parties and the district court/agency. . Mailed to: Sherry Ray Eveland 241 Smith Road Rising Sun, MD 21911. [16-1562]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
SHERRY RAY EVELAND, In the Matter of; Direct Legal
Representative of James Ray Charles Deceased Father,
Plaintiff - Appellant,
JODY EVELAND, Senior, Son-In-Law of James Ray Charles
Deceased; JODY EVELAND, Junior, Son-In-law of James Ray
STATE OF MARYLAND, Through its Legal Representative Brian
Frosh Esq.; LEONARD E. WILSON LAW OFFICE, & Leonard Wilson
Attorney Alleged; ANDRUIS D. ROGERS; WILLIAM RIDDLE LAW
FIRM; LAW FIRM OF ROLLINS & DELLMYER, PA; CHARLES BERNSTEIN,
Alleged Judge; BELINDA K. CONAWAY, Esq.,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, Chief District
August 18, 2016
August 22, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
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Sherry Ray Eveland, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Sherry Ray Eveland seeks to appeal the district court’s
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949).
An order dismissing a complaint without prejudice is not an
appealable final order if “the plaintiff could save [her] action
by merely amending the complaint.”
Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
Where a district court dismisses an action for failure to plead
jurisdiction because the plaintiff could amend the complaint to
cure the pleading deficiency.
Goode v. Cent. Va. Legal Aid
Soc’y, Inc., 807 F.3d 619, 624 (4th Cir. 2015).
case to the district court with instructions to allow Eveland to
file an amended complaint.
We deny leave to proceed in forma
pauperis and deny the motion for mandamus relief.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
DISMISSED AND REMANDED
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