Greg Givens v. Robert Nutting

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1100

GREG GIVENS,

Plaintiff – Appellant,

ROBERT NUTTING; ROBERT G. MCCOID; CASEY JUNKINS; TYLER
REYNARD; WTOV, INC.,

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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 for

lack of jurisdiction and failure to state a claim. We conclude

that the order is neither a final order nor an appealable

interlocutory order. Since Givens may 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), we dismiss

this appeal for lack of jurisdiction. See Fed. R. Civ. P. 54.

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