Sabrina Renee Brown v. Value Place , 690 F. App'x 817 ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-1310
    SABRINA RENEE BROWN,
    Plaintiff - Appellant,
    v.
    VALUE PLACE,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00038-RAJ-DEM)
    Submitted: May 25, 2017                                           Decided: May 30, 2017
    Before MOTZ, THACKER, and HARRIS, Circuit Judges.
    Dismissed and remanded with instructions by unpublished per curiam opinion.
    Sabrina Renee Brown, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Sabrina Renee Brown seeks to appeal the district court’s order dismissing her civil
    complaint under 
    28 U.S.C. § 1915
    (e)(2) (2012) without prejudice for failure to state a
    claim. 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).
    Because it is possible that Brown 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. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 
    807 F.3d 619
    ,
    623-25, 628-30 (4th Cir. 2015); 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 and remand the case to the district court with instructions to allow Brown 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 WITH INSTRUCTIONS
    2
    

Document Info

Docket Number: 17-1310

Citation Numbers: 690 F. App'x 817

Judges: Motz, Thacker, Harris

Filed Date: 5/30/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024