UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7293
ROBERT LEE MAYO,
Plaintiff - Appellant,
v.
RICHARD DAVIS, Attorney; NORFOLK CITY JAIL, Norfolk Sheriff’s Office,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:18-cv-01237-LMB-IDD)
Submitted: April 4, 2019 Decided: April 9, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Robert Lee Mayo, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Lee Mayo seeks to appeal the district court’s order dismissing his 42
U.S.C. § 1983 (2012) 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). Because it is possible that Mayo could cure the
defects in his complaint through amendment, the order he seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order. See Goode v. Cent. Va.
Legal Aid Soc’y, Inc., 807 F.3d 619, 623-25, 628-30 (4th Cir. 2015). Accordingly, we
dismiss the appeal for lack of jurisdiction and remand the case to the district court with
instructions to allow Mayo to file an amended complaint. 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
2
Robert Mayo v. Richard Davis
Combined Opinion