Jaelen M. Wright v. T.N.C.C.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:16-cv-00151-RGD-RJK. Copies to all parties and the district court/agency. [1000031046]. Mailed to: Jaelen M. Wright. [16-2373]

Appeal: 16-2373

Doc: 7

Filed: 02/27/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2373

JAELEN M. WRIGHT,
Plaintiff - Appellant,
v.
THOMAS NELSON COMMUNITY COLLEGE; CHARITY HANCOCK,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:16-cv-00151-RGD-RJK)

Submitted:

February 23, 2017

Decided:

February 27, 2017

Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed and remanded by unpublished per curiam opinion.

Jaelen M. Wright, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2373

Doc: 7

Filed: 02/27/2017

Pg: 2 of 2

PER CURIAM:
Jaelen M. Wright 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).

Because it is possible

that

his

Wright

could

cure

the

defects

in

complaint

through

amendment, the order he seeks to appeal is neither a final order
nor an appealable interlocutory or collateral order.
Napolitano, 700 F.3d 733, 738 (4th Cir. 2012).

Blitz v.

Accordingly, we

dismiss the appeal for lack of jurisdiction and remand the case
to the district court with instructions to allow Wright to file
an amended complaint.
807

F.3d

619,

630

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

(4th

Cir.

2015).

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