Anthony Wright v. NC General Assembly


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:16-ct-03096-FL Copies to all parties and the district court/agency. [1000007265]. Mailed to: Anthony Wright. [16-7593]

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Appeal: 16-7593 Doc: 14 Filed: 01/20/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7593 ANTHONY WRIGHT, Plaintiff - Appellant, v. NORTH CAROLINA GENERAL ASSEMBLY; GOVERNOR OF NORTH CAROLINA, 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-03096-FL) Submitted: January 17, 2017 Decided: January 20, 2017 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Dismissed and remanded by unpublished per curiam opinion. Anthony Wright, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7593 Doc: 14 Filed: 01/20/2017 Pg: 2 of 2 PER CURIAM: Anthony Wright seeks to appeal the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B) (2012). may exercise jurisdiction only over final orders, (2012) This court 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders. 28 U.S.C. § 1292 (2012); Beneficial Indus. Loan Fed. R. P. 337 Corp., Civ. 54(b); U.S. 541, Cohen 545-47 v. (1949). Because the deficiency identified by the district court may be remedied by the filing of an amended complaint, we conclude that the order Wright 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, jurisdiction and we dismiss remand the this case appeal to the for district lack court with instructions to allow Wright to file an amended complaint. dispense with contentions are oral argument adequately because presented in the the facts of We and legal materials before this court and argument would not aid the decisional process. DISMISSED AND REMANDED 2

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