Sophronia C. Pettiford v. Eastern Savings Bank


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00754-HEH Copies to all parties and the district court/agency. [1000026761]. Mailed to: Pettiford. [16-2178]

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Appeal: 16-2178 Doc: 7 Filed: 02/21/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2178 SOPHRONIA C. PETTIFORD, Plaintiff - Appellant, v. EASTERN SAVINGS BANK, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:16-cv-00754-HEH) Submitted: February 16, 2017 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 21, 2017 Circuit Judge, and Dismissed and remanded by unpublished per curiam opinion. Sophronia C. Pettiford, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2178 Doc: 7 Filed: 02/21/2017 Pg: 2 of 2 PER CURIAM: Sophronia C. Pettiford seeks to appeal the district court’s order dismissing her 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). Because it is possible that Pettiford could cure the defects in her complaint through amendment, the order she seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, 807 F.3d 619, 623-25, 628-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction, and remand the case to the district court with instructions to allow Pettiford to file an amended complaint. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. DISMISSED AND REMANDED 2

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