Anthony Wright v. NC General Assembly , 673 F. App'x 354 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7593
ANTHONY WRIGHT,
Plaintiff - Appellant,
v.
NORTH CAROLINA GENERAL ASSEMBLY; GOVERNOR OF NORTH CAROLINA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:16-ct-03096-FL)
Submitted: January 17, 2017 Decided: January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Anthony Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Wright seeks to appeal the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2012)
complaint under 28 U.S.C. § 1915(e)(2)(B) (2012). 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 the deficiency identified by the district court may be
remedied by the filing of an amended complaint, we conclude that
the order Wright 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, 623-24 (4th Cir. 2015);
Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d
1064, 1066-67 (4th Cir. 1993).
Accordingly, we dismiss this appeal for lack of
jurisdiction and remand the case to the district court with
instructions to allow Wright 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
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