Lloyd Michael Warren v. Nurse Gray , 707 F. App'x 148 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7400
LLOYD MICHAEL WARREN,
Plaintiff - Appellant,
v.
NURSE GRAY, Nurse; OFFICER MCGRATH, Jail Officer; OFFICER BLYTHE,
Jail Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:17-cv-00273-LMB-JFA)
Submitted: December 19, 2017 Decided: December 22, 2017
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Lloyd Michael Warren, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lloyd Michael Warren seeks to appeal the district court’s order dismissing his
42 U.S.C. § 1983 (2012) complaint for failing to comply with a court order directing him
to file a more particularized complaint. 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 Warren could cure the defects in
his complaint through further 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, 623-24 (4th Cir. 2015). Accordingly, we dismiss the appeal for
lack of jurisdiction and remand the case to the district court with instructions to allow
Warren to file an amended complaint. See id. at 630. 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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