U.S. Court of Appeals for the Fourth Circuit, 2015

Gilmer v. Smith

Gilmer v. Smith
U.S. Court of Appeals for the Fourth Circuit · Decided August 25, 2015 · Duncan, Keenan, Wynn
614 F. App'x 664

Gilmer v. Smith

Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dr. Happy Smith seeks to appeal the district court’s order denying his motion for reconsideration in Jason Gilmer’s 42 U.S.C. § 1983 (2012) action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 Smith 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 this court and argument would not aid the decisional process.

DISMISSED.

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