Dwayne E. Freeman v. Sergeant Kim, the Acting Lieutenant

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1539
DWAYNE E. FREEMAN,
Plaintiff - Appellant,
v.
SERGEANT KIM, the Acting Lieutenant; Jailor Sergeant; SERGEANT LAURA,
Jailor Sergeant; LIEUTENANT KNIGHT, Lieutenant Jailor,
Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta C. Biggs, Senior District Judge. (1:24-cv-00204-LCB-JEP)
Submitted: October 30, 2024 Decided: January 13, 2025
Before GREGORY, HEYTENS, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne E. Freeman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dwayne E. Freeman seeks to appeal the district court’s judgment accepting the
magistrate judge’s recommendation and dismissing without prejudice Freeman’s 42 U.S.C.
§ 1983 complaint. 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). The order
Freeman seeks to appeal is neither a final order nor an appealable interlocutory or collateral
order. See Britt v. DeJoy, 45 F.4th 790, 793, 797 (4th Cir. 2022) (en banc) (order)
(explaining that a district court’s “order that dismisses a complaint with leave to amend is
not a final decision” and that plaintiff must either file an amended complaint in the district
court or “request that the district court enter a final decision dismissing [his] case without
leave to amend”). 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

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