Awan Hardy v. Booker

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7571

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.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:15-cv-00484-HEH-RCY)

Submitted: February 16, 2017 Decided: February 22, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and
HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Awan Hardy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

2
PER CURIAM:

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 (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

appealable 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

3