Lawrence Gilmartin v. NC Department of Public Safety

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:16-ct-03058-FL. Copies to all parties and the district court. [1000054222]. Mailed to: Lawrence Gilmartin. [16-7490]

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Appeal: 16-7490 Doc: 13 Filed: 04/03/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7490 LAWRENCE P. GILMARTIN, Plaintiff - Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; DR. LAND; MEDICAL DEPARTMENT, Greene Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:16-ct-03058-FL) Submitted: March 30, 2017 Decided: April 3, 2017 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lawrence P. Gilmartin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7490 Doc: 13 Filed: 04/03/2017 Pg: 2 of 2 PER CURIAM: Lawrence P. Gilmartin seeks to appeal the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2012) action for failure to comply with the court’s order. 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, 545-47 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint, we conclude that the order Gilmartin 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 (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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