Avery Owensby v. Officer Johnson

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-ct-03221-FL Copies to all parties and the district court/agency. [999829934]. Mailed to: Avery Owensby. [16-6348]

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Appeal: 16-6348 Doc: 11 Filed: 05/23/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6348 AVERY DALE OWENSBY, Plaintiff - Appellant, v. OFFICER JOHNSON, Road Squad Crew Chief; OFFICER HALL, Road Squad Transportation, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:15-ct-03221-FL) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Avery Dale Owensby, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6348 Doc: 11 Filed: 05/23/2016 Pg: 2 of 2 PER CURIAM: Avery Dale Owensby seeks to appeal the district court’s order dismissing his civil action without prejudice. 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 Owensby may be able to remedy the pleading deficiencies identified by the district court by filing an amended complaint, we conclude that the order Owensby seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction. 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 2

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