Eddie Golson v. James Anderson, No. 16-6193 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6193 MR. EDDIE C. GOLSON, Plaintiff - Appellant, v. JAMES B. ANDERSON; JAMES R. METTS; BRIAN P. STERLING; STEPHANIE WILLIS; MARY ANN E. SHEHA; NANCY J. SKRABA; ROBERT L. SINGLETON; BRIAN CURRENCE, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, Senior District Judge. (3:15-cv-04319-MBS) Submitted: June 16, 2016 Decided: June 23, 2016 Before SHEDD, AGEE, and DIAZ, Circuit Judges. Dismissed and remanded curiam opinion. with instructions by unpublished per Eddie C. Golson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eddie C. Golson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his civil action for failing to plead, as to cognizable several claim for counts, sufficient relief. This facts court to state may a 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). An order dismissing a complaint without prejudice is not an appealable final order if “the plaintiff could save his action by merely amending his complaint.” Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Where a district court dismisses an action for failure to plead sufficient facts in the complaint, we lack appellate jurisdiction because the plaintiff could amend the complaint to cure the pleading deficiency. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 624-25 (4th Cir. 2015). The order Golson seeks to appeal is neither a final order nor an appealable Accordingly, we deny interlocutory Golson’s motion or to collateral amend his order. informal brief, dismiss the appeal, and remand the case to the district court with instructions to allow Golson leave to file an amended 2 complaint. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED AND REMANDED WITH INSTRUCTIONS 3
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