Jaelen Wright v. T.N.C.C. ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2373
JAELEN M. WRIGHT,
Plaintiff - Appellant,
v.
THOMAS NELSON COMMUNITY COLLEGE; CHARITY HANCOCK,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:16-cv-00151-RGD-RJK)
Submitted: February 23, 2017 Decided: February 27, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed and remanded by unpublished per curiam opinion.
Jaelen M. Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jaelen M. Wright seeks to appeal the district court’s order
dismissing his civil complaint without prejudice for lack of
subject matter jurisdiction. 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 is possible
that Wright could cure the defects in his complaint through
amendment, the order he seeks to appeal is neither a final order
nor an appealable interlocutory or collateral order. Blitz v.
Napolitano, 700 F.3d 733, 738 (4th Cir. 2012). Accordingly, we
dismiss the appeal for lack of jurisdiction and remand the case
to the district court with instructions to allow Wright to file
an amended complaint. See Goode v. Cent. Va. Legal Aid Soc’y,
807 F.3d 619, 630 (4th Cir. 2015). 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
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