Yodagent Wast-Teuh Uwa v. City of Newport News

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1031
YODAGENT WAST-TEUH UWA,
Plaintiff - Appellant,
v.
CITY OF NEWPORT NEWS; TIFFANY HARRIS; KIMBERY SILLS; SANDRA
STOVALL; TONI MONTGOMERY; JESSETA RAYE; ROBIN UNDERDEW;
JOAN LEWIS; CHARLENE DEISCH; SUSA MORGAN; ANDREW O.
AMARILLO,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Newport News. Arenda L. Wright Allen, District Judge. (4:18-cv-00117-AWA-RJK)
Submitted: May 8, 2019 Decided: June 11, 2019
Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Yodagent Wast-teuh Uwa, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Yodagent Wast-teuh Uwa seeks to appeal the district court’s order to show cause,
which directed her to file an amended complaint to cure the defects addressed in the
order. The district court advised Uwa that it would dismiss her case without prejudice if
she failed to comply with the order, but the court did not dismiss the case. We 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). The order that Uwa seeks
to appeal is neither a final order nor an appealable interlocutory or collateral order. We
therefore dismiss the appeal for lack of jurisdiction and remand the case to the district
court. We direct on remand that the district court, in its discretion, either afford Uwa
another opportunity to file an amended complaint or dismiss the complaint with
prejudice, thereby rendering the dismissal order a final, appealable order. 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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