Ronnie Lynn Moss v. Maximus Federal Services; Department of Health and Human Services; Today's Options

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2469
RONNIE LYNN MOSS,
Plaintiff – Appellant,
v.
MAXIMUS FEDERAL SERVICES; DEPARTMENT OF HEALTH AND HUMAN
SERVICES; TODAY'S OPTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. John A. Gibney, Jr.,
District Judge. (3:13-cv-00562-JAG)
Submitted: March 18, 2014 Decided: May 2, 2014
Before SHEDD and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ronnie Lynn Moss, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronnie Lynn Moss seeks to appeal the district court’s
order dismissing without prejudice the particularized complaint
he filed in his challenge to the denial of a Medicare claim.
The complaint was dismissed after Moss failed to comply with the
court’s direction to allege additional facts and provide
documentation demonstrating his exhaustion of administrative
remedies. 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). The order Moss seeks to appeal is neither a
final order nor an appealable interlocutory or collateral order,
as Moss may be able to save his action by filing an amended
complaint curing the deficiencies identified by the district
court. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10
F.3d 1064, 1066-67 (4th Cir. 1993). 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

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