Vanvleet v. United States

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2153 DOUGLAS MICHAEL VANVLEET, Plaintiff – Appellant, v. UNITED STATES OF AMERICA, Defendant – Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:10-cv-00523-JAB-PTS) Submitted: January 13, 2011 Decided: January 18, 2011 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Douglas Michael Vanvleet, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Douglas Michael Vanvleet seeks to appeal the district court’s order dismissing without prejudice Vanvleet’s civil complaint. 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). The order Vanvleet seeks to appeal is neither a final order nor an appealable interlocutory or collateral order because it is possible for Vanvleet to cure the deficiencies in the complaint as noted by the magistrate judge. See Domino Sugar Corp. v. Sugar Workers Local Union, 10 F.3d 1064, 1067 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2