UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8046
ANTHONY DACRE,
Plaintiff - Appellant,
v.
LIEUTENANT FLEMING; SGT. MITCHELL; SGT. WILSON; SGT.
RATTCLIFF; SGT. REYNOLDS,
Defendants - Appellees,
and
HOGGE, Guard; BRYANT, Guard; GREEN, Guard,
Defendants.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:12-cv-00055-SGW-RSB)
Submitted: April 25, 2013 Decided: April 29, 2013
Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Anthony Dacre, Appellant Pro Se. Richard Carson Vorhis, Senior
Assistant Attorney General, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Anthony Dacre seeks to appeal the district court’s
order dismissing his complaint without prejudice for failure to
comply with the court’s order to file an amended complaint
clarifying what claims Dacre wished to pursue against which
defendants. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory
and collateral orders. 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545–
46 (1949). The order Dacre seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order
because it is possible for him to cure the pleading deficiencies
in the complaint that were identified by the district
court. See Domino Sugar Corp. v. Sugar Workers Local Union 392,
10 F.3d 1064, 1066–67 (4th Cir. 1993). Accordingly, we deny
Dacre’s motion for an extension of time to file a supplemental
brief and 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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