Frank Tomlin v. Todd Ishee

U.S. Court of Appeals for the Fourth Circuit

Frank Tomlin v. Todd Ishee

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7208

FRANK DURAND TOMLIN,

Plaintiff - Appellant,

v.

TODD E. ISHEE,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:20-ct-03109-BO)

Submitted: November 19, 2020 Decided: November 24, 2020

Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Frank Durand Tomlin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Frank Durand Tomlin seeks to appeal the district court’s order dismissing some of

his allegations under

28 U.S.C. § 1915

(e)(2)(B)(ii) but allowing one of his claims to

proceed. This court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

, and

certain interlocutory and collateral orders,

28 U.S.C. § 1292

; Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-46

(1949). The order Tomlin

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

2

Reference

Status
Unpublished