Desmond Hibbert v. VDOC, No. 15-6811 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6811 DESMOND GEORGE HIBBERT, Plaintiff – Appellant, v. THE VIRGINIA DEPARTMENT OF JAMES CASTLE; JR COLEMAN, CORRECTIONS; SGT. COLLINS; Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:15-cv-00125-JLK-RSB) Submitted: November 13, 2015 Decided: November 19, 2015 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Desmond George Hibbert, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Desmond George Hibbert seeks to appeal the district court’s order dismissing without prejudice his civil rights action under 42 U.S.C. § 1983 (2012) for failure to state a claim on which relief may be granted. 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, 545-46 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an seeks amended to complaint, appeal is we neither conclude a final interlocutory or collateral order. that the order order nor an Hibbert appealable Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, jurisdiction. we dismiss the appeal for lack of 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 2

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