Jardina v. Department of Public Safety & Correctional Services

696 F. App'x 130

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 23, 2017
• Docket: 17-6413
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James J. Jardina seeks to appeal the district court’s order granting summary judgment to certain defendants on some claims in his civil complaint, dismissing some claims with prejudice, and dismissing the remaining claims 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, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the district court identified a deficiency that Jardina may remedy by filing an amended complaint, we conclude that the order Jardina 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 (4th Cir. 2015); Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).

Accordingly, we deny Jardina’s motions for appointment of counsel and for entry of default judgment, dismiss the appeal for lack of jurisdiction, and remand the case to the district court with instructions to allow Jardina 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