William Baker v. Dr. Stacy Smith
William Baker v. Dr. Stacy Smith
Opinion
USCA4 Appeal: 23-6613 Doc: 10 Filed: 03/01/2024 Pg: 1 of 2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-6613
WILLIAM BAKER, formerly #251725 f/k/a William A. Baker, Plaintiff - Appellant, v. DR. STACY SMITH; WARDEN WALLACE, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph Dawson, III, District Judge. (6:22-cv-02073-JD-KFM)
Submitted: February 27, 2024 Decided: March 1, 2024
Before WILKINSON, WYNN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William A. Baker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6613 Doc: 10 Filed: 03/01/2024 Pg: 2 of 2
PER CURIAM: William Baker seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation in part and dismissing some of Baker’s 42 U.S.C. § 1983 claims for failure to state a claim, but allowing Baker’s remaining claim 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 Baker 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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