Julio Cesar Rodriguez v. JACK CLELLAND, Superintendent

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6003
JULIO CESAR RODRIGUEZ,
Petitioner - Appellant,
v.
JACK CLELLAND, Superintendent,
Respondent - Appellee.
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-00833-TDS-JEP)
Submitted: April 4, 2019 Decided: April 10, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Julio Cesar Rodriguez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Julio Cesar Rodriguez seeks to appeal the district court’s order adopting the
recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2241 (2012)
petition without prejudice. 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 the district court’s order indicated that Rodriguez could cure the
defects in his petition through amendment, we conclude that the order is neither a final
order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va. Legal
Aid Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015); Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we
dismiss the appeal for lack of jurisdiction and remand the case to the district court with
instructions to allow Rodriguez to amend his petition. See Goode, 807 F.3d 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

-- 2 of 2 --