Tate v. Franklin ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1024
JULIUS TATE,
Plaintiff – Appellant,
v.
TERESA FRANKLIN, Nurse; DR. STRICKLAND; LT. TURNER; CORPORAL
SMITH; MAJOR DUNNIGAN; ORANGE COUNTY JAIL MEDICAL DEPARTMENT,
Defendants – Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cv-00230-NCT-PTS)
Submitted: April 28, 2011 Decided: May 3, 2011
Before DAVIS, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julius Tate, Appellant Pro Se. Robert T. Numbers, II, WOMBLE
CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina;
Charles Houston Foppiano, BATTEN LEE, PLLC, Cary, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Julius Tate seeks to appeal the district court’s order
adopting the magistrate judge’s report and recommendation and
dismissing several of the Defendants from his 42 U.S.C. § 1983(2006) action. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-
46 (1949). The order Tate 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 the
court and argument would not aid the decisional process.
DISMISSED
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