UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1562
SHERRY RAY EVELAND, In the Matter of; Direct Legal
Descendant of the Estate Legal Executor/Personal
Representative of James Ray Charles Deceased Father,
Plaintiff - Appellant,
and
JODY EVELAND, Senior, Son-In-Law of James Ray Charles
Deceased; JODY EVELAND, Junior, Son-In-law of James Ray
Charles Deceased,
Plaintiffs,
v.
STATE OF MARYLAND, Through its Legal Representative Brian
Frosh Esq.; LEONARD E. WILSON LAW OFFICE, & Leonard Wilson
Attorney Alleged; ANDRUIS D. ROGERS; WILLIAM RIDDLE LAW
FIRM; LAW FIRM OF ROLLINS & DELLMYER, PA; CHARLES BERNSTEIN,
Alleged Judge; BELINDA K. CONAWAY, Esq.,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, Chief District
Judge. (1:16-cv-00762-CCB)
Submitted: August 18, 2016 Decided: August 22, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Sherry Ray Eveland, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Sherry Ray Eveland seeks to appeal the district court’s
order dismissing without prejudice her complaint and the
district court’s margin orders denying various postjudgment
motions. 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).
An order dismissing a complaint without prejudice is not an
appealable final order if “the plaintiff could save [her] action
by merely amending the 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 (4th Cir. 2015).
Accordingly, we dismiss Eveland’s appeal and remand the
case to the district court with instructions to allow Eveland to
file an amended complaint. We deny leave to proceed in forma
pauperis and deny the motion for mandamus relief. We dispense
with oral argument because the facts and legal contentions are
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adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED AND REMANDED
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