Greg Givens v. Robert Nutting, No. 13-1100 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1100 GREG GIVENS, Plaintiff Appellant, v. ROBERT NUTTING; ROBERT REYNARD; WTOV, INC., G. MCCOID; CASEY JUNKINS; TYLER Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Irene M. Keeley, District Judge. (5:12-cv-00064-IMK-JES) Submitted: May 31, 2013 Decided: July 12, 2013 Before NIEMEYER, SHEDD, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Greg Givens, Appellant Pro Se. John Raymond Merinar, Jr., STEPTOE & JOHNSON, PLLC, Bridgeport, West Virginia; Robert G. McCoid, MCCAMIC, SACCO, PIZZUTI & MCCOID, PLLC, Wheeling, West Virginia; Walter P. DeForest, III, DEFOREST KOSCELNIK YOKITIS SKINNER & BERARDINELLI, Pittsburg, Pennsylvania, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Greg Givens appeals from the district court s order adopting the report and recommendation of the magistrate judge and dismissing Givens civil complaint without prejudice lack of jurisdiction and failure to state a claim. that the order interlocutory deficiencies is neither final order nor Since Givens may cure complaint that were order. in the a for We conclude an appealable the pleading identified by the district court, see Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993), we dismiss this appeal for lack of jurisdiction. We dispense contentions with are oral argument adequately See Fed. R. Civ. P. 54. because presented in the facts and the materials legal before this Court and argument would not aid the decisional process. DISMISSED 2

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