Alexander v. Rice ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7231
ALEX DAVE ALEXANDER,
Plaintiff - Appellant,
versus
TERENA RICE, Sergeant; ANDRE HUSKINS,
Lieutenant at McDowell County Jail; DEPUTY
SHERIFF CAMPBELL, at McDowell County Jail;
DEPUTY SHERIFF DUNCAN, at McDowell County
Jail,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen, Chief
District Judge. (CA-04-180-1)
Submitted: November 22, 2005 Decided: December 7, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alex Dave Alexander, Appellant Pro Se. Patrick Houghton Flanagan,
CRANFILL, SUMNER & HARTZOG, L.L.P., Raleigh, North Carolina, Julie
L. Kerr, CRANFILL, SUMNER & HARTZOG, L.L.P., Charlotte, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alex Dave Alexander seeks to appeal the district court’s
order dismissing his claims against defendant Campbell. 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 Alexander 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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