LLOYD MICHAEL WARREN v. NURSE GRAY OFFICER MCGRATH OFFICER BLYTHE (2017)

Lloyd Michael Warren seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 (2012) complaint for failing to comply with a court order directing him to file a more particularized 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, 545-46 (1949). Because it is possible that Warren could cure the defects in his complaint through further 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, 807 F.3d 619, 623-24 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to allow Warren to file an amended complaint. See id. at 630. 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

PER CURIAM: