UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1149
MELVIN RICHARD ROBINSON, III,
Plaintiff - Appellant,
v.
PARDEE UNC HEALTHCARE; SOUTHEASTERN SPORTS MEDICINE AND
ORTHOPEDIC,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Max O. Cogburn, Jr., District Judge. (1:20-cv-00372-MOC-WCM)
Submitted: April 27, 2021 Decided: May 3, 2021
Before KEENAN, WYNN, and FLOYD, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Melvin Richard Robinson, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Melvin Richard Robinson, III, seeks to appeal the district court’s order dismissing
his civil complaint without prejudice for failure to state a claim. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and
collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). “[D]ismissals without prejudice generally are not
appealable ‘unless the grounds for dismissal clearly indicate that no amendment in the
complaint could cure the defects in the plaintiff’s case.’” Bing v. Brivo Sys., LLC, 959 F.3d
605, 610 (4th Cir. 2020) (quoting Domino Sugar Corp. v. Sugar Workers Loc. Union 392,
10 F.3d 1064, 1067 (4th Cir. 1993)), cert. denied, __ S. Ct. __, No. 20-759, 2021 WL
666419 (U.S. Feb. 22, 2021). Here, the district court dismissed the complaint but did not
direct the clerk’s office to close the case. See id. at 611-12, 614. Furthermore, the district
court did not grant Robinson an opportunity to amend his complaint before dismissing, and
Robinson’s appeal does not appear to indicate an intent to stand on his complaint. See id.
at 612. Thus, we conclude that the district court’s order is neither a final order nor an
appealable interlocutory order.
Accordingly, we dismiss the appeal for lack of jurisdiction. We direct on
remand that the district court, in its discretion, either afford Robinson an opportunity to
amend or dismiss the complaint with prejudice, thereby rendering the dismissal order
a final, appealable judgment. We dispense with oral argument because the facts and legal
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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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