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

Archer v. Cypress

Archer v. Cypress
U.S. Court of Appeals for the Fourth Circuit · Decided February 26, 2004 · Gregory, Niemeyer, Shedd
88 F. App'x 640

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

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