UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-8026
ANTHONY QUENTIN KELLY,
Plaintiff – Appellant,
v.
WARDEN FRANK B. BISHOP, JR; DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:15-cv-03795-RDB)
Submitted: July 28, 2016 Decided: August 4, 2016
Before TRAXLER and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Anthony Quentin Kelly, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Quentin Kelly seeks to appeal the district court’s
order dismissing his complaint without prejudice. 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). The
order Kelly seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. See 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 and remand the case to the district court with
instructions to allow Kelly to file an amended complaint. See
Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 630 (4th
Cir. 2015). 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 AND REMANDED
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