WOOLLS v. VIRGINIA (2019)

Michael Woolls appeals the district court's order dismissing his civil complaint for failure to state a claim and granting him 21 days to file an amended 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Woolls 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). Accordingly, we 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

FOOTNOTES

FOOTNOTE.   Although Woolls did not file an amended complaint within the allotted time frame, nothing in the district court's order converted its dismissal to one with prejudice, and there was no subsequent order filed dismissing with prejudice. Accordingly, Woolls’ complaint was dismissed without prejudice.

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.