Sabrina Renee Brown v. Sam's Club , 691 F. App'x 71 ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-1312
    SABRINA RENEE BROWN,
    Plaintiff - Appellant,
    v.
    SAM’S CLUB,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00040-RAJ-DEM)
    Submitted: May 25, 2017                                           Decided: May 30, 2017
    Before MOTZ, THACKER, and HARRIS, Circuit Judges.
    Dismissed and remanded with instructions by unpublished per curiam opinion.
    Sabrina Renee Brown, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Sabrina Renee Brown seeks to appeal the district court’s order dismissing her civil
    complaint under 
    28 U.S.C. § 1915
    (e)(2) (2012) 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
    , 545-47 (1949). Because it is
    possible that Brown could cure the defects in her complaint through amendment, the
    order she 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
    , 623-25, 628-30
    (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 Brown to file an amended
    complaint. 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 WITH INSTRUCTIONS
    2
    

Document Info

Docket Number: 17-1312

Citation Numbers: 691 F. App'x 71

Filed Date: 5/30/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023