Noe v. McFadden ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6639
PAUL H. NOE,
Plaintiff - Appellant,
v.
R. L. MCFADDEN; PATRICIA R. STANSBERRY, Warden; WADE NOBLES;
S. HAYWOOD; KIM WHITE; CORRECTIONAL OFFICER COE; NURSE
CHAPMAN; DOCTOR PHILIP; COUNSELOR FORD; LIEUTENANT DODSON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
District Judge. (5:06-ct-03139-D)
Submitted: July 31, 2008 Decided: August 11, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul H. Noe, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul H. Noe seeks to appeal the district court’s order
dismissing some, but not all, of his claims raised in his complaint
filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau
of Narcotics, 403 U.S. 388 (1971). This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and
certain interlocutory and collateral orders, 28 U.S.C. § 1292(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541 (1949). The order Noe 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
- 2 -