# Sampson v. Highland County Va Board of Supervisors

> Court of Appeals for the Fourth Circuit · June 14, 2016 · 654 F. App'x 135

URL: https://www.frixlaw.com/law-library/cases/3212951

## Case

- **Full name:** Robert E. SAMPSON, Plaintiff-Appellant, v. HIGHLAND COUNTY VA BOARD OF SUPERVISORS; Mayor, City of Monterey; T.J. Duff, Highland County Sheriff, Defendants-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 14, 2016
- **Citations:** 654 F. App'x 135
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Wilkinson, Diaz, Floyd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7614

ROBERT E. SAMPSON,

Plaintiff - Appellant,

v.

HIGHLAND COUNTY VA BOARD OF SUPERVISORS; MAYOR, City of
Monterey; T.J. DUFF, Highland County Sheriff,

Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:15-cv-00465-GEC-RSB)

Submitted: February 18, 2016 Decided: June 14, 2016

Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Robert E. Sampson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Robert E. Sampson seeks to appeal the district court’s

order dismissing without prejudice his 42 U.S.C. § 1983 (2012)

complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)

(2012). This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2012), and certain interlocutory

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). The

order Sampson seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. 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 and remand the case to the district court with

instructions to allow Sampson to file an amended complaint. See

Goode v. Cent. Va. Legal Aid Soc’y, 807 F.3d 619, 630 (4th Cir.

2015). 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3212951. Public record. Not legal advice.