Thomasina C. Lacey v. Home Depot U.s.a., Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2358
THOMASINA C. LACEY,
Plaintiff – Appellant,
v.
HOME DEPOT U.S.A., INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda Wright Allen, District
Judge. (2:11-cv-00521-AWA-DEM)
Submitted: April 23, 2012 Decided: May 1, 2012
Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomasina C. Lacey, Appellant Pro Se. Hope B. Eastman, Arthur
G. House, PALEY, ROTHMAN, GOLDSTEIN, ROSENBERG, EIG & COOPER,
CHTD, Bethesda, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Thomasina C. Lacey seeks to appeal the district
court’s order dismissing without prejudice her employment
discrimination complaint. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2006), and certain
interlocutory and collateral orders. See 28 U.S.C. § 1292
(2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). Because Lacey could amend
her complaint to cure the defects identified by the district
court, the order she seeks to appeal is interlocutory and not
appealable. See 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 the court and
argument would not aid the decisional process.
DISMISSED

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