SMITH v. ATKINSON, 10-2376. (2011)
Court: Court of Appeals for the Fourth Circuit
Number: infco20110523102
Visitors: 3
Filed: May 23, 2011
Latest Update: May 23, 2011
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ben Howard Smith appeals the district court's order dismissing two defendants in his civil rights action. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2006), and certain interlocutory and collateral orders, 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). The order Smith seeks to appeal is neither a final order nor
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ben Howard Smith appeals the district court's order dismissing two defendants in his civil rights action. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2006), and certain interlocutory and collateral orders, 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). The order Smith seeks to appeal is neither a final order nor ..
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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ben Howard Smith appeals the district court's order dismissing two defendants in his civil rights action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 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). The order Smith seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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.
Source: Leagle
