U.S. Court of Appeals for the Fourth Circuit, 2021

Derrick Allen, Sr. v. Ted Wire

Derrick Allen, Sr. v. Ted Wire
U.S. Court of Appeals for the Fourth Circuit · Decided February 26, 2021

Derrick Allen, Sr. v. Ted Wire

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7439

DERRICK MICHAEL ALLEN, SR., Plaintiff - Appellant, v. TED WIRE; ERIK MCCONCHIE, General Manager; WILL AUSTIN, Kitchen Manager; DAVE SIGUMUND, Kitchen Manager; CASEY HUMPHRIES, Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:19-cv-00689-TDS-LPA)

Submitted: February 23, 2021 Decided: February 26, 2021

Before MOTZ, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Derrick Michael Allen, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Derrick Michael Allen, Sr., seeks to appeal the district court’s order adopting the magistrate judge’s recommendation to dismiss three of the four claims alleged in his complaint. 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 Allen 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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