U.S. Court of Appeals for the Fourth Circuit, 2005

Cook v. Cherry

Cook v. Cherry
U.S. Court of Appeals for the Fourth Circuit · Decided February 17, 2005 · Wilkinson, Michael, Shedd
122 F. App'x 50

Cook v. Cherry

Opinion

PER CURIAM:

Richard Lee Cook seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2000) action in part. Cook’s claim against Defendant Luis Ignacio remains pending in the district court. 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 Cook 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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