James Roudabush, Jr. v. Lieutenant Josiah

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7662
JAMES LESTER ROUDABUSH, JR.,
Plaintiff - Appellant,
v.
LIEUTENANT JOSIAH; SERGEANT JESSUP; CHIEF STERN; DEPUTY
STERN; CAPTAIN MILANO; DANA LAWHORNE, Sheriff; A. ANDERSON,
AUSA; C. M. HILTON, Usdc-Edva,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:13-cv-00467-RBS-TEM)
Submitted: January 14, 2016 Decided: January 20, 2016
Before AGEE, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Lester Roudabush, Jr., Appellant Pro Se. Broderick
Coleman Dunn, Alexander Francuzenko, COOK CRAIG & FRANCUZENKO,
PLLC, Fairfax, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Lester Roudabush, Jr., seeks to appeal the district
court’s order dismissing his civil action without prejudice.
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 the deficiencies identified by the
district court may be remedied by the filing of an amended
complaint, we conclude that the order Roudabush seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc.,
___ F.3d ___, No. 14-1939, 2015 WL 8289046, at *3-*4 (4th Cir.
Dec. 9, 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. 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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