Clyde Junior Meris v. MR. SETTLES; MRS. GREEN; MR. ENGLE; MRS. K. ADAMS, Administrative Hearing Officer

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7116
CLYDE JUNIOR MERIS,
Plaintiff - Appellant,
v.
MR. SETTLES; MRS. GREEN; MR. ENGLE; MRS. K. ADAMS, Administrative
Hearing Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:18-cv-00195-TDS-JLW)
Submitted: April 4, 2019 Decided: April 9, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Clyde Junior Meris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clyde Junior Meris seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing his 42 U.S.C. § 1983 (2012)
complaint without prejudice to filing a new complaint on the proper forms. 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, 545-46 (1949). Because Meris could
potentially cure the defects in his complaint through amendment, the order he seeks to
appeal is neither a final order nor an appealable interlocutory or collateral order. See
Goode v. Cent. Va. Legal Aid Soc’y, 807 F.3d 619, 623-24 (4th Cir. 2015). Accordingly,
we dismiss the appeal for lack of jurisdiction and remand the case to the district court
with instructions to allow Meris to file an amended complaint. See id. at 630. 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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