Michael Leon v. Ogletree, Deakins, No. 13-1425 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1425 MICHAEL A. LEON, Plaintiff - Appellant, v. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, a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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). order nor The order Leon seeks to appeal is neither a final 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, appeal for lack of jurisdiction. we dismiss the We further deny Leon s motion to expedite as moot. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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