U.S. Court of Appeals for the Fourth Circuit, 2017

Aaron Burns v. David Simmons

Aaron Burns v. David Simmons
U.S. Court of Appeals for the Fourth Circuit · Decided August 22, 2017 · Keenan, Thacker, Harris
696 F. App'x 118

Aaron Burns v. David Simmons

Opinion

.Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Aaron M. Burns seeks to appeal from the district coui’t’s order denying reconsideration of the dismissal without prejudice of his claims against Defendants at Chesapeake Correctional Center, Nottoway Correctional Center, and Western Tidewater Regional Jail based on improper joinder of claims, and dismissing two of the four claims he asserted against Defendants at Hampton Roads Regional Jail in his 42 U.S.C. § 1983 (2012) pomplaint. 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 Burns 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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