Sophronia Pettiford v. Eastern Savings Bank

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2178

SOPHRONIA C. PETTIFORD,

Plaintiff - Appellant,

v.

EASTERN SAVINGS BANK,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:16-cv-00754-HEH)

Submitted: February 16, 2017 Decided: February 21, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and
HAMILTON, Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Sophronia C. Pettiford, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Sophronia C. Pettiford seeks to appeal the district court’s

order dismissing her civil complaint without prejudice for lack

of subject matter jurisdiction. 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 Pettiford could cure the defects in her complaint through

amendment, the order she seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order. See

Goode v. Cent. Va. Legal Aid Soc’y, 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 Pettiford 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

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