Reginald Evans v. York County, Incorporated
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:15-cv-04954-JFA Copies to all parties and the district court/agency. .. [17-1252]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
REGINALD D. EVANS,
Plaintiff - Appellant,
YORK COUNTY, INCORPORATED; CITY OF ROCK HILL,
Defendants - Appellees,
BH MANAGEMENT; PACES RIVER APARTMENT; CLIFFORD BERINSKY;
THOMAS HOWARD; BROWNLEE LAW FIRM PLLC; DINA D. BIGGS;
ALYSSA PRUITT; LAND STAR TRANSPORTATION LOGISTIC,
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Joseph F. Anderson, Jr., Senior District Judge. (0:15-cv-04954-JFA)
Submitted: June 20, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Decided: June 22, 2017
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Reginald D. Evans, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Reginald Evans seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice his amended
civil complaint. 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 through
the filing of an amended complaint that alleges sufficient facts in support of Evans’
claims, we conclude that the order Evans 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 and remand with
instructions to allow Evans to file an amended complaint.
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.
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