Sherri Boardley v. Department of Agriculture and Consumer Services

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2517
SHERRI BOARDLEY,
Plaintiff – Appellant,
v.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:15-cv-00634-HEH)
Submitted: April 29, 2016 Decided: May 31, 2016
Before WILKINSON and GREGORY, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Sherri Boardley, Appellant Pro Se. Edwin Lewis Kincer, Jr.,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sherri Boardley seeks to appeal the district court’s order
dismissing her complaint 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, 545-46 (1949). The order
Boardley 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 grant Appellee’s motion to
dismiss the appeal for lack of jurisdiction and remand the case
to the district court with instructions to allow Boardley to
file an amended complaint. See Goode v. Cent. Va. Legal Aid
Soc’y, Inc., 807 F.3d 619, 630 (4th Cir. 2015). 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

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