Jaelen Wright v. T.N.C.C.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-2373

JAELEN M. WRIGHT,

Plaintiff - Appellant,

v.

THOMAS NELSON COMMUNITY COLLEGE; CHARITY HANCOCK,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (4:16-cv-00151-RGD-RJK)

Submitted: February 23, 2017 Decided: February 27, 2017

Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Jaelen M. Wright, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jaelen M. Wright seeks to appeal the district court’s order

dismissing his civil complaint without prejudice for lack of

subject matter jurisdiction. 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, 545-46 (1949). Because it is possible

that Wright could cure the defects in his complaint through

amendment, the order he seeks to appeal is neither a final order

nor an appealable interlocutory or collateral order. Blitz v.

Napolitano, 700 F.3d 733, 738 (4th Cir. 2012). Accordingly, we

dismiss the appeal for lack of jurisdiction and remand the case

to the district court with instructions to allow Wright to file

an amended complaint. See Goode v. Cent. Va. Legal Aid Soc’y,

807 F.3d 619, 630 (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