Clara Brockington v. S.C. Dep't of Social Services , 687 F. App'x 276 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1028
CLARA LEWIS BROCKINGTON,
Plaintiff - Appellant,
v.
S.C. DEPARTMENT OF SOCIAL SERVICES; REESE PALMER,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Florence. R. Bryan Harwell, District Judge. (4:16-cv-03326-RBH)
Submitted: April 25, 2017 Decided: April 28, 2017
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Clara Lewis Brockington, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clara Lewis Brockington seeks to appeal the district court’s order accepting the
magistrate judge’s recommendation and dismissing her 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 Brockington could cure the
defects in her complaint through amendment, the order she seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va.
Legal Aid Soc’y, 807 F.3d 619, 623-25, 628-30 (4th Cir. 2015). Accordingly, we dismiss
the appeal for lack of jurisdiction and remand the case to the district court with
instructions to allow Brockington to file an amended complaint. 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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