David Donald Cassell v. Warden, Iccc
David Donald Cassell v. Warden, Iccc
Opinion
89 F.3d 827
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
David Donald CASSELL, Plaintiff--Appellant,
v.
WARDEN, ICCC, Defendant--Appellee.
No. 96-6484.
United States Court of Appeals, Fourth Circuit.
Submitted June 20, 1996.
Decided July 2, 1996.
David Donald Cassell, Appellant Pro Se. Alexander Leonard Taylor, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:
Appellant appeals the magistrate judge's order granting summary judgment to Defendants on four out of five of Appellant's claims.* We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.
We dismiss the appeal as interlocutory. 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
All parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (1988)
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