Doreen Shing v. MD Developmental Disabilities Admin. , 676 F. App'x 150 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1467
DOREEN SHING,
Plaintiff - Appellant,
and
MAY SHING,
Plaintiff,
v.
MD DEVELOPMENTAL DISABILITIES ADMINISTRATION; MD DEPT OF
HEALTH AND MENTAL HYGIENE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:16-cv-00683-RDB)
Submitted: January 9, 2017 Decided: January 19, 2017
Before DIAZ and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Doreen Shing, Appellant Pro Se. William G. Dunlap, OFFICE OF
THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Doreen and May Shing (“the Shings”) seek to appeal the
district court’s order dismissing their civil complaint without
prejudice for lack of subject matter jurisdiction. 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 it is possible that the Shings could cure the defects in
their complaint through amendment, the order they seek 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, 623-25 (4th Cir. 2015). Accordingly, we deny as moot
Appellees’ motion to submit on the briefs, dismiss the appeal
for lack of jurisdiction, and remand the case to the district
court with instructions to allow the Shings 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
2