Tracey Grady v. Susan White , 686 F. App'x 153 ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-7724
    TRACEY TERRELL GRADY,
    Plaintiff - Appellant,
    v.
    SUSAN WHITE, Superintendent, Alexander Correctional Institution; DULA,
    Officer; BUTLER, Officer; MAYNOR, Captain; HAMILTON, Captain;
    SHILLING, R.N.,
    Defendants - Appellees.
    Appeal from the United States District Court for the Western District of North Carolina,
    at Statesville. Frank D. Whitney, Chief District Judge. (5:16-cv-00041-FDW)
    Submitted: April 20, 2017                                         Decided: April 24, 2017
    Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
    Dismissed and remanded by unpublished per curiam opinion.
    Tracey Terrell Grady, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tracey Terrell Grady seeks to appeal the district court’s order dismissing without
    prejudice his 42 U.S.C. § 1983 (2012) complaint for failure to state a claim, pursuant to
    28 U.S.C. § 1915A(b)(1) (2012). 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 Grady may be able to remedy the deficiencies
    identified by the district court by filing an amended complaint stating sufficient facts to
    support his claims, we conclude that the order Grady 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
    , 623-24 (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 Grady 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
    2
    

Document Info

Docket Number: 16-7724

Citation Numbers: 686 F. App'x 153

Judges: Wilkinson, Niemeyer, Keenan

Filed Date: 4/24/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024