Freddie Riley v. Ed McMahon ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6934
FREDDIE LEE RILEY,
Plaintiff - Appellant,
and
JACQUES CHAVIS; RICK EDWARD TOSCANO; JOEL WOODS,
Movants,
v.
SHERIFF ED MCMAHON; DR. STUBBS; OFFICER CHAPPELL,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:14-ct-03243-D)
Submitted: October 15, 2015 Decided: October 20, 2015
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Affirmed in part and dismissed in part by unpublished per curiam
opinion.
Freddie Lee Riley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freddie Lee Riley seeks to appeal the district court’s
order denying relief on his 42 U.S.C. § 1983 (2012) complaint.
With regard to Riley’s appeal of the district court’s dismissal
without prejudice of his claim of injury to his arm, 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, 545–47 (1949).
“Dismissals without prejudice are generally not appealable final
orders.” In re GNC Corp., 789 F.3d 505, 511 n.3 (4th Cir.
2015). Because the deficiencies in this claim identified by the
district court may be remedied by the filing of an amended
complaint, we dismiss this portion of the appeal as
interlocutory. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066–67 (4th Cir. 1993).
As to Riley’s remaining claims, we have reviewed the record
and find no reversible error. Accordingly, we affirm the
remainder of the district court’s order. Riley v. McMahon, No.
5:14-ct-03243-D (E.D.N.C. June 1, 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.
AFFIRMED IN PART;
DISMISSED IN PART
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