UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7942

MICHAEL MCNEILL,

Plaintiff - Appellant,

v.

SERGEANT KINNEY; ATLANTIC DIAGNOSTIC OF DURHAM; NC DOC DIRECTOR,

Defendants – Appellees,

and

FRANK STAMPER,

Defendant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:08-cv-00162-GCM)

Submitted: November 13, 2008 Decided: November 21, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael McNeill, Appellant Pro Se. Joshua Daniel Davey, MCGUIREWOODS, LLP, Charlotte, North Carolina; Elizabeth Pharr McCullough, YOUNG, MOORE & HENDERSON, PA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Michael NcNeill seeks to appeal the district court’s

order denying his motion for summary judgment and dismissing his

complaint as to all defendants except Mr. Stamper. This court

may exercise jurisdiction only over final orders,

(2000), and certain interlocutory and collateral orders,

(2000); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

(1949). The order

McNeill seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

deny McNeill’s motion for issuance of a subpoena and 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

3