Mr. Eddie C. Golson v. James B. Anderson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6193
MR. EDDIE C. GOLSON,
Plaintiff - Appellant,
v.
JAMES B. ANDERSON; JAMES R. METTS; BRIAN P. STERLING;
STEPHANIE WILLIS; MARY ANN E. SHEHA; NANCY J. SKRABA; ROBERT
L. SINGLETON; BRIAN CURRENCE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, Senior
District Judge. (3:15-cv-04319-MBS)
Submitted: June 16, 2016 Decided: June 23, 2016
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Dismissed and remanded with instructions by unpublished per
curiam opinion.
Eddie C. Golson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eddie C. Golson seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
dismissing without prejudice his civil action for failing to
plead, as to several counts, sufficient facts to state a
cognizable claim for relief. 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).
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. Cent. Va. Legal Aid
Soc’y, Inc., 807 F.3d 619, 624-25 (4th Cir. 2015).
The order Golson seeks to appeal is neither a final order
nor an appealable interlocutory or collateral order.
Accordingly, we deny Golson’s motion to amend his informal
brief, dismiss the appeal, and remand the case to the district
court with instructions to allow Golson leave to file an amended

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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 WITH INSTRUCTIONS

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