Lacy v. George Castelle, Kanawha Co.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1701 ALBERT WILLIAM LACY, Plaintiff - Appellant, v. GEORGE CASTELLE, Kanawha Co. Chief Public Defender; BARBARA A. BROWN, Deputy Public Defender; JUSTIN COLLIN, Lawyer Public Defender; UNKNOWN PUBLIC DEFENDER, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, District Judge. (2:13-cv-18215) Submitted: October 13, 2016 Decided: October 17, 2016 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Albert William Lacy, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Albert William Lacy seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. §§ 1983, 1985 (2012) complaint. 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, 545–47 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint, we conclude that the order Lacy 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, 623–24 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066–67 (4th Cir. 1993). Accordingly, we dismiss this 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 2