Kenneth Myers v. General Motors
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis [1000306538-2] Originating case number: 3:17-cv-00122-GMG-RWT. Copies to all parties and the district court/agency. . Mailed to: Kenneth Myers. [18-1422]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
GENERAL MOTORS, Detroit Michigan,
Defendant - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia,
at Martinsburg. Gina M. Groh, Chief District Judge. (3:17-cv-00122-GMG-RWT)
Submitted: August 16, 2018
Decided: August 20, 2018
Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Kenneth Myers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Kenneth Myers seeks to appeal the district court’s order adopting the magistrate
judge’s recommendation and dismissing without prejudice Myers’ civil complaint for
failure 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 Myers may remedy the identified deficiencies in his initial
complaint through the filing of an amended complaint, we conclude that the order Myers
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 deny leave to proceed in forma pauperis, dismiss the appeal for
lack of jurisdiction, and remand the case to the district court with instructions to allow
Myers 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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