Edward Macias v. Federal Aviation Administration, No. 13-2047 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2047 EDWARD THOMAS MACIAS, Plaintiff - Appellant, v. FEDERAL AVIATION ADMINISTRATION, Defendant - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:13-cv-00580-TDS-JEP) Submitted: October 15, 2013 Before WILKINSON and Senior Circuit Judge. GREGORY, Decided: Circuit October 18, 2013 Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Edward Thomas Macias, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edward Thomas Macias seeks to appeal the district court s judgment adopting the recommendation of the magistrate judge and dismissing his civil action without prejudice. 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, 545-47 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint and an amended application seeking leave to proceed in forma pauperis, we conclude that the judgment Macias seeks to appeal is neither a final judgment judgment. nor an appealable interlocutory or collateral Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, pauperis we deny and the appeal dismiss We dispense with contentions are oral argument adequately leave to for because presented in proceed lack of in forma jurisdiction. the facts and the materials legal before this court and argument would not aid the decisional process. DISMISSED 2

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