Opinion

Brown v. Park Place Family Medical Center

  • 691 F. App'x 71
Court
Court of Appeals for the Fourth Circuit
Filed
May 30, 2017
Status
Unpublished
On the bench
Motz, Thacker, Harris
Cited by
0 cases
Authority
More cited than 3.7%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1312

SABRINA RENEE BROWN,

Plaintiff - Appellant,

v.

SAM’S CLUB,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at

Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00040-RAJ-DEM)

Submitted: May 25, 2017 Decided: May 30, 2017

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Dismissed and remanded with instructions by unpublished per curiam opinion.

Sabrina Renee Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sabrina Renee Brown seeks to appeal the district court’s order dismissing her civil

complaint under 28 U.S.C. § 1915(e)(2) (2012) without prejudice. 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 it is

possible that Brown could cure the defects in her complaint through amendment, the

order she 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, 623-25, 628-30

(4th Cir. 2015); 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 Brown 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 WITH INSTRUCTIONS

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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