McClain v. North Carolina Department of Correction
McClain v. North Carolina Department of Correction
Opinion of the Court
Bart Fitzgerald McClain appeals the district court’s order denying his motion to compel. 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 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The
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.
Reference
- Full Case Name
- Bart Fitzgerald McCLAIN v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Avery-Mitchell Facility Officer Fox Officer Edwards, and Marty Loudermilk, Detective Chris Warren, Detective at Alexander County Sheriff's Department
- Status
- Published