Bernard Staten v. Anthony Batts , 627 F. App'x 226 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7417
BERNARD L. STATEN,
Plaintiff – Appellant,
v.
ANTHONY W. BATTS, Baltimore City Police Commissioner;
CORPORAL MCEVOY, Badge No. 2784; DETECTIVE MICHAEL, Badge
No. 2873; DETECTIVE COLLINS, Badge No. 3254; DETECTIVE
NACKE, Badge No. 3322; DETECTIVE LEE, Badge No. 3913;
DETECTIVE MCCOLLEN, Badge No. 4066,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, Chief District
Judge. (1:15-cv-00599-CCB)
Submitted: December 17, 2015 Decided: December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bernard L. Staten, Appellant Pro Se. Kristen Elissa Hitchner,
BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bernard L. Staten seeks to appeal the district court’s
order dismissing without prejudice his 42 U.S.C. § 1983 (2012)
civil rights action. 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 Staten 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
2