Christopher Lee Michelson v. Van Duncan

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6931
CHRISTOPHER LEE MICHELSON,
Plaintiff - Appellant,
v.
VAN DUNCAN; STEPHEN COON, Asheville Police Detective; MARK S.
GAGE, ATF Special Agent; RON MOORE, Buncombe County District Attorney;
ROGER THEODORE SMITH, Buncombe County Attorney at Law,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina,
at Asheville. Frank D. Whitney, Chief District Judge. (1:17-cv-00050-FDW)
Submitted: February 22, 2018 Decided: February 26, 2018
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Christopher Lee Michelson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher Lee Michelson seeks to appeal the district court’s order dismissing
without prejudice his 42 U.S.C. § 1983 (2012) 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 district court has stated that the
identified deficiencies in Michelson’s initial complaint may be remedied through the
filing of an amended complaint. Therefore, we conclude that the order Michelson 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 (4th Cir. 2015); Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
Accordingly, we deny Michelson’s motion to appoint counsel and 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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