UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7376

TONY L. MOORE,

Plaintiff - Appellant,

v.

ANTHONY J. PADULA; MS. BELL; KEITH MCBRIDE; L. GREERDE,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Timothy M. Cain, District Judge. (5:11-cv-01033-TMC-KDW)

Submitted: December 20, 2012 Decided: December 27, 2012

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tony L. Moore, Appellant Pro Se. Steven Michael Pruitt, MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Tony L. Moore seeks to appeal the district court’s

order denying Appellees’ motion for summary judgment without

prejudice and with leave to refile. Appellees move to dismiss

on the ground that Moore has appealed an interlocutory order.

This court may exercise jurisdiction only over final orders,

(2006), and certain interlocutory and collateral

orders,

(2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

(1949). The

order Moore seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

grant Appellees’ motion to dismiss 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 this court and argument would not aid the

decisional process.

DISMISSED

2