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Richard R. CADMUS, Jr., Plaintiff-Appellant, v. FREDERICK COUNTY SHERIFFS OFFICE; Robert T. Williamson, Sheriff; Leonard Milholland, Former Winchester City Sheriff; Elizabeth Kellas Burton, Judge; John Does 1-25, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2017-04-03No. No. 16-2173
683 F. App'x 254

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Opinion

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PER CURIAM:

Richard R. Cadmus, Jr., seeks to appeal the district court’s order adopting the magistrate judge’s report dismissing some of Cadmus’ claims with prejudice and others without prejudice. 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). We conclude that the order Cad-mus 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, 623-24, 629-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction, and remand to the district court with instructions to allow Cadmus to file an amended 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