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


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-2373 Doc: 7 Filed: 02/27/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2373 JAELEN M. WRIGHT, Plaintiff - Appellant, v. THOMAS NELSON COMMUNITY COLLEGE; CHARITY HANCOCK,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 Dismissed and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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