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Clara Brockington v. South Carolina Dep't of Corrections
687 F. App'x 244
| 4th Cir. | 2017
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*1 Before MOTZ, DUNCAN, and AGEE, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Clara Lewis Brockington, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Clara Lewis Brockington seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and dismissing her 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 Brockington 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. See Goode v. Cent. Va. Legal Aid Soc’y , 807 F.3d 619, 623-25, 628-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to allow Brockington 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.

DISMISSED AND REMANDED

2

Case Details

Case Name: Clara Brockington v. South Carolina Dep't of Corrections
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Apr 27, 2017
Citation: 687 F. App'x 244
Docket Number: 16-2341
Court Abbreviation: 4th Cir.
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