UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6811
DESMOND GEORGE HIBBERT,
Plaintiff – Appellant,
v.
THE VIRGINIA DEPARTMENT OF CORRECTIONS; SGT. COLLINS;
JAMES CASTLE; JR COLEMAN,
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 amended complaint, we conclude that the order Hibbert
seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (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 this court and argument would not aid the decisional
process.
DISMISSED
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