Avery Owensby v. Officer Johnson
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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