Elbert Hicks v. John Potter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-00246-JBF-FBS Copies to all parties and the district court/agency. [998717560]. Mailed to: Hicks. [11-1521]

Appeal: 11-1521

Document: 11

Date Filed: 11/07/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1521

ELBERT HICKS,
Plaintiff - Appellant,
v.
JOHN E. POTTER, U.S. Postal Service,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Jerome B. Friedman, Senior
District Judge. (2:10-cv-00246-JBF-FBS)

Submitted:

October 26, 2011

Decided:

November 7, 2011

Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Elbert Hicks, Appellant Pro Se.
Joel Eric Wilson, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1521

Document: 11

Date Filed: 11/07/2011

Page: 2 of 2

PER CURIAM:
Elbert

Hicks

seeks

to

appeal

the

district

court’s

order dismissing without prejudice his employment discrimination
complaint.

This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders.

See 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546

(1949).

Because

Hicks

may

proceed

with

this

action

by

amending his complaint to provide specific facts showing his
entitlement to the relief he seeks, see Fed. R. Civ. P. 8(a),
the order he seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.

See Domino Sugar

Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67
(4th Cir. 1993).
jurisdiction.

Accordingly, we dismiss the appeal for lack of

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before

the

court

and

argument

would

not

aid

the

decisional

process.
DISMISSED

2