Leon v. Ogletree, Deakins, Nash, Smoak & Stewart, PC , 522 F. App'x 197 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1425
MICHAEL A. LEON,
Plaintiff - Appellant,
v.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, a South
Carolina professional corporation; UNITED STATES OF AMERICA,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Timothy M. Cain, District Judge.
(6:13-cv-00072-TMC)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael A. Leon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael A. Leon seeks to appeal the district court’s
order accepting the magistrate judge’s recommendation and
dismissing without prejudice Leon’s civil complaint for lack of
jurisdiction. 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 Leon seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order
because it is possible for him to cure the pleading deficiencies
in the complaint that were identified by the district court.
See 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. We further deny Leon’s motion
to expedite as moot.
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
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