Michael Woolls v. Commonwealth of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1002
MICHAEL WOOLLS,
Plaintiff - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-01155-CMH-JFA)
Submitted: March 15, 2019 Decided: July 5, 2019
Before GREGORY, Chief Judge, QUATTLEBAUM, Circuit Judge, and SHEDD, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Woolls, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Woolls appeals the district court’s order dismissing his civil complaint for
failure to state a claim and granting him 21 days to file an amended 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, 545-47 (1949). The order
Woolls seeks to appeal is neither a final order nor an appealable interlocutory or
collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th
Cir. 2015). 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
* Although Woolls did not file an amended complaint within the allotted time
frame, nothing in the district court’s order converted its dismissal to one with prejudice,
and there was no subsequent order filed dismissing with prejudice. Accordingly, Woolls’
complaint was dismissed without prejudice.

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