Awan Hardy v. Booker, No. 16-7571 (4th Cir. 2017)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7571 AWAN HARDY, Plaintiff – Appellant, v. BOOKER, Officer, City of Fredericksburg; TONEY,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 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, Dismissed by unpublished per curiam opinion. Awan Hardy, Appellant Pro Se. February 22, 2017 Circuit Judge, and Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Awan Hardy dismissing his seeks 42 to U.S.C. appeal § the 1983 district (2012) court’s complaint prejudice for failure to serve the defendants. order without 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

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