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

Smith v. Ray

Smith v. Ray
U.S. Court of Appeals for the Fourth Circuit · Decided June 30, 2004 · Niemeyer, Shedd, Wilkinson
101 F. App'x 902

Smith v. Ray

Opinion of the Court

PER CURIAM:

Lee Roy Smith seeks to appeal the district court’s order dismissing his claims against all defendants except one. 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 Smith 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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