Demetrius Green v. Ms. Capers
Demetrius Green v. Ms. Capers
Opinion
Unpublished opinions are not binding precedent in this circuit.
Demetrius L. Green seeks to appeal the district court’s order adopting in part and rejecting in part the magistrate judge’s recommendation, granting in part and denying in part Defendants’ motion for summary judgment, and remanding the matter to the magistrate judge for further discovery. This court may exercise jurisdiction *701 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 Green seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny as moot Green’s motion for extension of time to file an informal reply brief. 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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