Anthony Harris v. R.L. Foy

U.S. Court of Appeals for the Fourth Circuit

Anthony Harris v. R.L. Foy

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7171

ANTHONY RAY HARRIS,

Plaintiff - Appellant,

v.

R.L. FOY, Deputy; RALEIGH POLICE DEPARTMENT; WAKE COUNTY SHERIFF’S DEPARTMENT,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:09-ct-03124-FL)

Submitted: November 15, 2011 Decided: November 18, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Anthony Ray Harris, Appellant Pro Se. John Albert Maxfield, COUNTY ATTORNEY’S OFFICE FOR THE COUNTY OF WAKE, Raleigh, North Carolina; Hunt Kang Choi, CITY ATTORNEY’S OFFICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Anthony Ray Harris seeks to appeal the district

court’s order dismissing the Raleigh Police Department from his

42 U.S.C. § 1983

(2006) action. 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, 545-46

(1949). The order Harris seeks

to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny Harris’

motion for release 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

2

Reference

Status
Unpublished