Anthony Bussie v. 408 Union - North Carolina ( 2018 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6756
ANTHONY BUSSIE,
Petitioner - Appellant,
v.
408 UNION - NORTH CAROLINA; 409 UNION - NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:17-hc-02217-FL)
Submitted: November 15, 2018 Decided: November 20, 2018
Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Anthony Bussie, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Bussie seeks to appeal the district court’s order dismissing his 28 U.S.C.
§ 2241 (2012) petition without prejudice. 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 Bussie could cure the defects in
his petition through amendment, the order he 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 deny leave to proceed in
forma pauperis, dismiss the appeal for lack of jurisdiction, and remand the case to the
district court with instructions to allow Bussie 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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