Awan Hardy v. Booker
Opinion
Unpublished opinions are not binding precedent in this circuit.
Awan Hardy seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice for failure to serve the defendants. 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, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because Hardy may refile his complaint and serve defendants, we conclude that the order Hardy seeks to appeal is neither a final order nor an ap-pealable interlocutory or collateral order. Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we deny leave to proceed in forma pauperis and 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
Reference
- Full Case Name
- Awan HARDY, Plaintiff-Appellant, v. BOOKER, Officer, City of Fredericksburg; Toney, Officer, City of Farmville; ARIES, Officer, City of Farmville, Defendants-Appellees, and Piedmont Regional Jail; Mediko PC, Piedmont Regional Jail; Donald Hunter, City of Farmville, Defendants
- Cited By
- 1 case
- Status
- Unpublished