Banks v. North Carolina Department of Correction

U.S. Court of Appeals for the Fourth Circuit
Banks v. North Carolina Department of Correction, 203 F. App'x 528 (4th Cir. 2006)

Banks v. North Carolina Department of Correction

Opinion of the Court

PER CURIAM:

Theodore M. Banks seeks to appeal the district court’s order granting partial summary judgment to the Defendants in his civil 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 that Banks 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
Theodore M. BANKS v. NORTH CAROLINA DEPARTMENT OF CORRECTION Harnett Correctional Center, Defendants—Appellees
Status
Published