Vanvleet v. United States , 407 F. App'x 763 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2153
DOUGLAS MICHAEL VANVLEET,
Plaintiff – Appellant,
v.
UNITED STATES OF AMERICA,
Defendant – Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:10-cv-00523-JAB-PTS)
Submitted: January 13, 2011 Decided: January 18, 2011
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Douglas Michael Vanvleet, Appellant Pro Se. Angela Hewlett
Miller, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Douglas Michael Vanvleet seeks to appeal the district
court’s order dismissing without prejudice Vanvleet’s civil
complaint. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-
46 (1949). The order Vanvleet seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order
because it is possible for Vanvleet to cure the deficiencies in
the complaint as noted by the magistrate judge. See Domino
Sugar Corp. v. Sugar Workers Local Union, 10 F.3d 1064, 1067
(4th Cir. 1993). Accordingly, we dismiss the appeal for lack of
jurisdiction. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED
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