Michael Breyan v. Captain Tolth
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:17-cv-00302-BHH-MGB Copies to all parties and the district court/agency. . Mailed to: M Breyan. [17-6474]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
MICHAEL A. BREYAN,
Plaintiff - Appellant,
Defendant - Appellee,
EVERY OTHER OFFICER, involved in Disciplinary 112-N-113 on DVD Record,
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Bruce H. Hendricks, District Judge. (2:17-cv-00302-BHH-MGB)
Submitted: July 20, 2017
Decided: July 25, 2017
Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Michael Breyan, Appellant Pro Se.
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Unpublished opinions are not binding precedent in this circuit.
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Michael A. Breyan appeals the district court’s order dismissing without prejudice
his 42 U.S.C. § 1983 (2012) action under Fed. R. Civ. P. 41(b) for failure follow the
court’s earlier order that he needed to bring his case into the proper form. 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 district court
identified deficiencies that Breyan may remedy by filing an amended complaint, we
conclude that the order Breyan seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. See 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, we dismiss this appeal for lack of
jurisdiction and remand the case to the district court with instructions to allow Breyan to
amend his complaint. Goode, 807 F.3d at 630. 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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