Archer v. Cypress

U.S. Court of Appeals for the Fourth Circuit
Archer v. Cypress, 88 F. App'x 640 (4th Cir. 2004)

Archer v. Cypress

Opinion of the Court

PER CURIAM.

Bobby Archer seeks to appeal the district court’s order dismissing the Dillwyn Correctional Center as a party defendant from his 42 U.S.C. § 1983 (2000) action. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Archer 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

Reference

Full Case Name
Bobby ARCHER, Plaintiff—Appellant v. Dr. CYPRESS Lisa Edwards, Warden, Defendants—Appellees, and Dillwyn Correctional Center
Status
Published