Tony Moore v. Anthony Padula ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7376
TONY L. MOORE,
Plaintiff - Appellant,
v.
ANTHONY J. PADULA; MS. BELL; KEITH MCBRIDE; L. GREERDE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Timothy M. Cain, District Judge.
(5:11-cv-01033-TMC-KDW)
Submitted: December 20, 2012 Decided: December 27, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tony L. Moore, Appellant Pro Se. Steven Michael Pruitt,
MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tony L. Moore seeks to appeal the district court’s
order denying Appellees’ motion for summary judgment without
prejudice and with leave to refile. Appellees move to dismiss
on the ground that Moore has appealed an interlocutory order.
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 Moore seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
grant Appellees’ motion to dismiss and 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