James Ellis Hall, Ii v. Verizon Communications, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2375
JAMES ELLIS HALL, II,
Plaintiff - Appellant,
v.
VERIZON COMMUNICATIONS, INC.,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’Grady, District Judge. (1:18-cv-01080-LO-TCB)
Submitted: February 21, 2019 Decided: February 25, 2019
Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
James Ellis Hall, II, Appellant Pro Se. Matthew Frederick Nieman, JACKSON LEWIS
PC, Reston, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Ellis Hall, II, appeals the district court’s order granting Verizon
Communications, Inc.’s (Verizon) motion to dismiss Hall’s complaint alleging Verizon
violated his First Amendment rights when it terminated Hall after he published an article
criticizing the company. 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 Hall could cure the defects in his complaint
through 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,
623-25, 628-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of
jurisdiction, and remand the case to the district court with instructions to allow Hall to
file an amended 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

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