History
  • No items yet
midpage
Irvin Wilson v. J.M. Cutler
693 F. App'x 265
4th Cir.
2017
Check Treatment
Docket

*1 Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Irvin Jefferson Wilson, Appellant Pro Se. Logan McCombs Wells, CITY ATTORNEY’S OFFICE, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Irvin Jefferson Wilson seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and dismissing without prejudice Wilson’s 42 U.S.C. § 1983 (2012) complaint. 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 appears conceivable that some of the deficiencies identified by the district court may be remedied by filing an amended complaint, we conclude that the order Wilson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, Inc. , 807 F.3d 619, 623-24 (4th Cir. 2015); 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 and remand the case to the district court with instructions to allow Wilson to amend his complaint. See Goode , 807 F.3d at 630. 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

Case Details

Case Name: Irvin Wilson v. J.M. Cutler
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 25, 2017
Citation: 693 F. App'x 265
Docket Number: 17-6617
Court Abbreviation: 4th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.