Thelma Hewlett v. Permanent General Assurance
This text of 641 F. App'x 258 (Thelma Hewlett v. Permanent General Assurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Thelma L. Hewlett seeks to appeal the district court’s order dismissing her civil complaint without prejudice. This court may exercise jurisdiction only over final orders of the district court, 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Hewlett seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Central Va. Legal Aid, 807 F.3d 619 (4th Cir.2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to permit Hewlett to amend her 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.
DISMISSED AND REMANDED.
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641 F. App'x 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thelma-hewlett-v-permanent-general-assurance-ca4-2016.