Eric E. Miller v. Supreme Court of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1102
ERIC E. MILLER,
Plaintiff – Appellant,
v.
SUPREME COURT OF VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:15-cv-00744-HEH)
Submitted: August 26, 2016 Decided: October 3, 2016
Before MOTZ and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed and remanded by unpublished per curiam opinion.
Eric E. Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eric E. Miller seeks to appeal the district court’s order
dismissing his civil complaint without prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B) (2012). 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 Miller seeks
to appeal is neither a final order nor an appealable
interlocutory or collateral order. See Goode v. Central Va.
Legal Aid, 807 F.3d 619 (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 file
an amended complaint. The motions to amend the complaint and to
order a reparative injunction are denied. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED AND REMANDED

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