LeVance Addison v. Kenny Boone
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motions to appoint/assign counsel [999984122-2], [999981813-2]. Originating case number: 4:16-cv-02855-RBH. Copies to all parties and the district court/agency . Mailed to: LeVance Addison. [16-7625]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
KENNY BOONE, FCSO; WAYNE BIRD, DCSO,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Florence. R. Bryan Harwell, District Judge. (4:16-cv-02855-RBH)
Submitted: March 30, 2017
Decided: April 4, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
LeVance Addison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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LeVance Addison seeks to appeal the district court’s order adopting the magistrate
judge’s report and recommendation and dismissing without prejudice his 42 U.S.C.
§ 1983 (2012) complaint for failing to state a claim. 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
Addison seeks to appeal is neither a final order nor an appealable interlocutory or
collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d
1064, 1066-67 (4th Cir. 1993). Accordingly, we deny Addison’s motions to appoint
counsel, dismiss the appeal for lack of jurisdiction, and remand the case to the district
court with instructions to allow Addison to file an amended complaint. See Goode v.
Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (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
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