Peggy Rhem v. Virginia Beach Police Dept. ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1922
PEGGY RHEM,
Plaintiff - Appellant,
v.
VIRGINIA BEACH POLICE DEPARTMENT; OFFICER BURNEY, Virginia
Beach Police Department; KEMPSVILLE BEHAVIOR HEALTH; DR. DEVITT;
SARA ROGERS, Head Nurse; VIRGINIA BEACH SCHOOL DISTRICT; MR.
MILLER, Bayside High principal; CPS; JESSICA OWENS; EBONY LUCK;
ALEXANDRA WOOD, Virginia Beach Attorney; CHRISTIANNA
CUNNINGHAM-DOUGHERTY, City Attorney; JUDGE BULLOCK, Virginia
Beach Judge Juvenile Department; ESTHER WIGGINS, Virginia Beach Judge
Juvenile Department,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Robert G. Doumar, Senior District Judge. (2:17-cv-00290-RGD-RJK)
Submitted: November 21, 2017 Decided: November 27, 2017
Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Peggy Rhem, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Peggy Rhem seeks to appeal the district court’s order dismissing her civil
complaint without prejudice for lack of 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 Rhem 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. Blitz v. Napolitano, 700
F.3d 733, 738 (4th Cir. 2012). Accordingly, we dismiss the appeal for lack of
jurisdiction. 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
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