Opinion
No. 19-1565
10-16-2019
ARTHUR LEE HAIRSTON, SR., Plaintiff - Appellant, v. NAGE (SEIU); SUSAN ANDERSON; SARAH E. SUSZCZYK, Defendants - Appellees.
Arthur Lee Hairston, Sr., Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:19-cv-00064-GMG) Before WYNN and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Arthur Lee Hairston, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Arthur Lee Hairston, Sr., seeks to appeal the district court's order dismissing his complaint without prejudice and providing him an opportunity to file an amended complaint. As a threshold matter, we "have an independent obligation to verify the existence of appellate jurisdiction, even in the absence of a jurisdictional challenge from one of the parties." Williamson v. Stirling, 912 F.3d 154, 168 (4th Cir. 2018) (internal quotation marks omitted). We 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). "In the ordinary course a final decision is one that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Ray Haluch Gravel Co. v. Cent. Pension Fund of Int'l Union of Operating Eng'rs & Participating Emp'rs, 134 S. Ct. 773, 779 (2014) (internal quotation marks omitted).
The order Hairston seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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