Schuyler A. Speece v. Pamunkey Regional Jail

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-8032
SCHUYLER A. SPEECE,
Plaintiff - Appellant,
v.
PAMUNKEY REGIONAL JAIL,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:15-cv-01277-LMB-IDD)
Submitted: March 29, 2016 Decided: April 1, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Schuyler A. Speece, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Schuyler A. Speece seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice
for failing to plead an essential element of his 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, 545-46 (1949). An order dismissing a
complaint without prejudice is not an appealable final order if
“the plaintiff could save his action by merely amending his
complaint.” Domino Sugar Corp. v. Sugar Workers Local Union 392,
10 F.3d 1064, 1066–67 (4th Cir. 1993). Where a district court
dismisses an action for failure to plead sufficient facts in the
complaint, we lack appellate jurisdiction because the plaintiff
could amend the complaint to cure the pleading deficiency.
Goode v. Central VA Legal Aid Society, 807 F.3d 619, 624 (4th Cir.
2015). Accordingly, we dismiss the appeal and remand the case to
the district court with instructions to allow Speece 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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