Edward Bryan v. SCDC ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8092
EDWARD BRYAN,
Plaintiff - Appellant,
v.
SCDC,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. R. Bryan Harwell, District Judge.
(3:12-cv-01874-RBH)
Submitted: March 26, 2013 Decided: March 28, 2013
Before DUNCAN, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward Sabari Bryan, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward Sabari Bryan seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing his 42 U.S.C. § 1983 (2006) complaint
without prejudice under 28 U.S.C. § 1915A(b) (2006). 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).
Because the deficiencies identified by the district court may be
remedied by the filing of a complaint that cures the defects
noted by the district court, we conclude that the district
court’s order 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