Dennis Temple v. Owen McClelland LLC , 624 F. App'x 131 ( 2015 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7254
    DENNIS TEMPLE, a/k/a Dennis Maurice Temple,
    Plaintiff - Appellant,
    v.
    OWEN MCCLELLAND LLC; ALL SAFE STORAGE CO.; OWE M. ROBERTS,
    IV, in his individual capacity; HELEN HART PILLANS ROBERTS,
    in her individual capacity; KIMBERLY EDWARDS CHEWNING,
    Manager, in her individual capacity; JAMES SINGLETON,
    Sheriff, in his individual capacity; GREG REED, Captain, in
    his individual capacity; SCOTT ARNOLD, Sergeant, in his
    individual capacity; JERRY MOSS, Sergeant, in his individual
    capacity; CHRISSY T. ADAMS, Solicitor, in her individual
    capacity; ASSISTANT SOLICITOR LINDSEY S. SIMMONS, in her
    individual capacity,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.    Joseph F. Anderson, Jr., Senior
    District Judge. (8:15-cv-00652-JFA)
    Submitted:   December 15, 2015             Decided:    December 18, 2015
    Before GREGORY    and   FLOYD,   Circuit   Judges,    and   DAVIS,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Dennis Temple, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Dennis Temple seeks to appeal the district court’s order
    adopting     the     recommendation         of        the     magistrate          judge    and
    dismissing his civil action without prejudice.                             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     47   (1949).
    Because the deficiencies identified by the district court may be
    remedied by the filing of an amended complaint, we conclude that
    the order Temple seeks to appeal is neither a final order nor an
    appealable       interlocutory      or   collateral           order.         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    this    court    and   argument        would       not   aid     the    decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 15-7254

Citation Numbers: 624 F. App'x 131

Judges: Gregory, Floyd, Davis

Filed Date: 12/18/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024