Elbert Hicks v. JOHN E. POTTER, U.S. Postal Service

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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, 545-
46 (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). Accordingly, we 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 the court and argument would not aid the decisional
process.
DISMISSED

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