Filed: Jan. 24, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2159 MUHAMMAD W.K. ABDUL QADIR, Plaintiff - Appellant, v. LATRELL S. WILSON; DONALD MARTIN; SERGEANT ROY DRAKE; CHERAW CITY POLICE DEPARTMENT; INSURANCE ADJUSTER RODNEY SPAIN; PROGRESSIVE DIRECT INSURANCE; UNKNOWN FEDERAL US POSTAL EMPLOYEES; ATTORNEY DAVID H. MAYBANK; ATTORNEY BRADLEY L. LANFORD; MICHAEL T. COULTER; ATTORNEY RAYMOND D. TURNER; ANDERSON USED AUTO PARTS, all-state, unknown owner; CREDIT COLLECTION SERVICES C
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2159 MUHAMMAD W.K. ABDUL QADIR, Plaintiff - Appellant, v. LATRELL S. WILSON; DONALD MARTIN; SERGEANT ROY DRAKE; CHERAW CITY POLICE DEPARTMENT; INSURANCE ADJUSTER RODNEY SPAIN; PROGRESSIVE DIRECT INSURANCE; UNKNOWN FEDERAL US POSTAL EMPLOYEES; ATTORNEY DAVID H. MAYBANK; ATTORNEY BRADLEY L. LANFORD; MICHAEL T. COULTER; ATTORNEY RAYMOND D. TURNER; ANDERSON USED AUTO PARTS, all-state, unknown owner; CREDIT COLLECTION SERVICES CO..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2159
MUHAMMAD W.K. ABDUL QADIR,
Plaintiff - Appellant,
v.
LATRELL S. WILSON; DONALD MARTIN; SERGEANT ROY DRAKE;
CHERAW CITY POLICE DEPARTMENT; INSURANCE ADJUSTER RODNEY
SPAIN; PROGRESSIVE DIRECT INSURANCE; UNKNOWN FEDERAL US
POSTAL EMPLOYEES; ATTORNEY DAVID H. MAYBANK; ATTORNEY
BRADLEY L. LANFORD; MICHAEL T. COULTER; ATTORNEY RAYMOND
D. TURNER; ANDERSON USED AUTO PARTS, all-state, unknown owner;
CREDIT COLLECTION SERVICES COMMERCIAL; SOUTH CAROLINA
DEPARTMENT OF MOTOR VEHICLES; JUDGE ROGER HENDERSON;
ALAN WILSON, South Carolina Attorney General; UNKNOWN PROCESSORS,
All of the above Defendants acting individual capacity as well as co-conspirator of
the conspiracy,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Florence. Terry L. Wooten, Chief District Judge. (4:17-cv-02193-TLW)
Submitted: January 22, 2019 Decided: January 24, 2019
Before MOTZ, KEENAN, and FLOYD, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Muhammad W.K. Abdul Qadir, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Muhammad W.K. Abdul Qadir seeks to appeal the district court’s order adopting
the magistrate judge’s recommendation and dismissing his complaint without prejudice
pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). We dismiss the appeal as interlocutory
and remand for further proceedings.
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).
Because the order Qadir seeks to appeal does not “clearly preclude amendment,” Qadir
may be able to remedy certain deficiencies identified by the district court by filing an
amended complaint. Accordingly, the district court’s dismissal order 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); Domino Sugar Corp. v. Sugar
Workers Local Union 392,
10 F.3d 1064, 1066-67 (4th Cir. 1993).
We therefore dismiss this appeal for lack of jurisdiction.
Goode, 807 F.3d at 630.
In Goode, we remanded to the district court with instructions to allow amendment of the
complaint.
Id. Here, however, Qadir previously, albeit unsuccessfully, attempted to
amend his complaint. Accordingly, we direct on remand that the district court, in its
discretion, either afford Qadir another opportunity to file an amended complaint or
dismiss the complaint with prejudice, thereby rendering the dismissal order a final,
appealable order. We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED AND REMANDED
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