Byrd v. Garner PD

U.S. Court of Appeals for the Fourth Circuit November 9, 2004

Opinion

No. 04-2036

Plaintiff - Appellant,

versus

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-04-313-H)

Submitted: November 4, 2004 Decided: November 9, 2004

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leslie Wayne Byrd, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Leslie Wayne Byrd appeals from a district court order

dismissing his

42 U.S.C. § 1983

(2000) claims against the State of

North Carolina as frivolous pursuant to

28 U.S.C. § 1915

(e)(2)(B)

(2000). The court permitted Byrd to proceed with claims against

the other parties. 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

(2000), and

certain interlocutory and collateral orders,

28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp.,

337 U.S. 541

(1949). The order here appealed is neither a

final order as to all of Byrd’s claims 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.

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