UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2290

OZIE M. WARE, Plaintiff – Appellant, v. RODNEY PRUITT; JUDGE FLYNN, Defendants – Appellees, and J. E. PATSOURAKOS, Officer; OFFICER GRIFFIN, Defendants.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, District Judge. (1:09-cv-02360-MBS-JRM)

Submitted: March 16, 2010 Decided: March 19, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ozie M. Ware, Appellant Pro Se. Evan Markus Gessner, LIDE & PAULEY, LLC, Lexington, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Ozie M. Ware seeks to appeal the district court order dismissing his claims against two of the four Defendants named in his law suit. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Ware 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