Lydon McCann-McCalpine v. Primecare Medical, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7122
LYDON MCCANN-MCCALPINE,
Plaintiff - Appellant,
v.
PRIMECARE MEDICAL, INC.; PRIMECARE NURSE JANE DOE 1;
PRIMECARE NURSE JANE DOE 2; PRIMECARE NURSE JANE DOE 3;
PRIMECARE NURSE JANE DOE 4; PRIMECARE NURSE JANE DOE 5,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
George L. Russell, III, District Judge. (1:23-cv-02040-GLR)
Submitted: April 18, 2024 Decided: April 19, 2024
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lydon McCann-McCalpine, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lydon McCann-McCalpine seeks to appeal the district court’s order returning his
complaint, received October 23, 2023, as duplicative of the amended complaint he filed in
a case that was closed on October 17, 2023. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-
46 (1949). We conclude that the document returning McCann-McCalpine’s complaint,
although docketed as a “return pleading order,” is in fact an administrative letter notifying
McCann-McCalpine that the district court was rejecting his attempt to file additional
pleadings because his case was already closed. As such, the order returning McCann-
McCalpine’s complaint is neither a final order nor an appealable interlocutory or collateral
order. Therefore, we dismiss this 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
* Because the October 17 dismissal of the amended complaint was without
prejudice, if there are substantive differences in his October 23 complaint or other
circumstances would justify it, McCann-McCalpine may be able to file his complaint as a
new action in the district court. On this subject we offer no opinion.

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