Winston Jones v. A. Daniel , 547 F. App'x 354 ( 2013 )


Menu:
  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7148
    WINSTON C. JONES,
    Plaintiff – Appellant,
    v.
    A. W. DANIEL, Unit Manager,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Anthony John Trenga,
    District Judge. (1:13-cv-00266-AJT-JFA)
    Submitted:   November 22, 2013              Decided:   December 6, 2013
    Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Winston C. Jones, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Winston C. Jones seeks to appeal the district court’s
    order dismissing his 42 U.S.C. § 1983 (2006) complaint without
    prejudice for failure to comply with the court’s order to file
    an amended complaint specifically providing the names of each
    defendant     and    the    actionable          conduct     attributable        to    each
    defendant.     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 (1949).           The order Jones seeks to appeal is neither a
    final order nor an appealable interlocutory or collateral order,
    because it is possible for him to cure the pleading deficiencies
    in the complaint that were identified by the district court.
    Domino Sugar Corp. v. Sugar Workers Local Union 392, 
    10 F.3d 1064
    , 1066-67 (4th Cir. 1993) (holding that an order dismissing
    a complaint without prejudice is a final, appealable order only
    if “no amendment [to the complaint] could cure the defects in
    the plaintiff’s case” (internal quotation marks omitted)); see
    also Chao v. Rivendell Woods, Inc., 
    415 F.3d 342
    , 345 (4th Cir.
    2005)   (explaining        that,    under    Domino       Sugar,      this    court   must
    “examine     the    appealability      of       a   dismissal      without     prejudice
    based   on   the    specific       facts    of      the   case   in    order    to    guard
    against      piecemeal       litigation             and     repetitive         appeals”).
    2
    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: 13-7148

Citation Numbers: 547 F. App'x 354

Judges: Gregory, Shedd, Keenan

Filed Date: 12/6/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024