Sabrina Renee Brown v. Sam's Club
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:17-cv-00040-RAJ-DEM Copies to all parties and the district court/agency. .. [17-1312]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
SABRINA RENEE BROWN,
Plaintiff - Appellant,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00040-RAJ-DEM)
Submitted: May 25, 2017
Decided: May 30, 2017
Before MOTZ, THACKER, and HARRIS, Circuit Judges.
Dismissed and remanded with instructions by unpublished per curiam opinion.
Sabrina Renee Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Sabrina Renee Brown seeks to appeal the district court’s order dismissing her civil
complaint under 28 U.S.C. § 1915(e)(2) (2012) 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, 545-47 (1949). Because it is
possible that Brown could cure the defects in her complaint through amendment, the
order she 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, 623-25, 628-30
(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 the case to the district court with instructions to allow Brown 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
DISMISSED AND REMANDED WITH INSTRUCTIONS
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