Stephanie Shackleford v. Riverside Regional Medical Center

Feb 21, 2012
11-2246
Versions:

PER CURIAM:

Stephanie Shackleford and Javier Diaz-Bey seek to appeal the district court‘s order dismissing without prejudice their complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii) (2006). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the deficiency identified by the district court—that the complaint did not assert sufficient allegations in support of its legal conclusions—may be remedied by the filing of a complaint that articulates adequate allegations, we conclude that the order Shackleford and Diaz-Bey seek to appeal is neither a final order nor an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993).

Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

PER CURIAM:

Christopher Q. Reid appeals the magistrate judge‘s final order granting EG&G Technical Services Inc.‘s motion for summary judgment.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Reid v. EG&G Technical Servs., Inc., No. 2:10-cv-00448-TEM, 2011 WL 3440029 (E.D.Va. Aug. 8, 2011). We deny Reid‘s pending motions to seal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

Notes

*
The parties consented to the exercise of jurisdiction by the magistrate judge, as permitted by 28 U.S.C. § 636(c) (2006).