Joseph MILLER, Plaintiff - Appellant, v. Lt. Michael TATE, Defendant - Appellee.
Decided: December 20, 2019
Before KING, FLOYD, and HARRIS, Circuit Judges.
Joseph Miller, Appellant Pro Se.
Joseph Miller seeks to appeal the district court's order dismissing without prejudice Miller's 42 U.S.C. § 1983 (2012) complaint and the district court's order denying Miller's motion for reconsideration. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Miller 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, 623-25 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to allow Miller to amend his 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 WITH INSTRUCTIONS
Dismissed and remanded with instructions by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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