Berry v. Perdue

U.S. Court of Appeals for the Fourth Circuit
Berry v. Perdue, 466 F. App'x 300 (4th Cir. 2012)

Berry v. Perdue

Opinion of the Court

PER CURIAM:

Roger Carl Berry seeks to appeal the district court’s order dismissing his claims against four defendants. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Berry 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 deny Berry’s motion to compel legal documents. 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.

Although the order dismissed claims against certain defendants, it was not certified as final under Fed.R.Civ.P. 54(b).

Reference

Full Case Name
Roger Carl BERRY v. Beverly Eaves PERDUE Alvin W. Keller Mary S. Pollard Ken Butler Executive Director, North Carolina Prisoner Legal Services
Status
Published