Elbert Smith v. SUE BUNCH, Mailroom Clerk

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7892
ELBERT SMITH,
Plaintiff - Appellant,
v.
SUE BUNCH, Mailroom Clerk; TERESA PEASE, Mailroom Associate;
RANDALL C. MATHENA, Warden of Red Onion State Prison; GEORGE
M. HINKLE, Regional Administrator for the Western Region of
Virginia; HAROLD W. CLARKE, Director of Virginia Department
of Corrections,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James P. Jones, District
Judge. (7:15-cv-00491-JPJ-RSB)
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Dismissed and remanded by unpublished per curiam opinion.
Elbert Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Elbert Smith seeks to appeal the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2012) civil
rights action as frivolous. 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
Smith seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. Goode v. Cent. Va. Legal Aid
Soc’y, Inc., 807 F.3d 619, 623–24 (4th Cir. 2015); Domino Sugar
Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066–67
(4th Cir. 1993).
Accordingly, we dismiss this appeal for lack of
jurisdiction, but we remand this case to the district court to
permit Smith to amend his 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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