Hudgins v. Mack ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6815
MICHAEL D. HUDGINS,
Plaintiff - Appellant,
versus
ALFRED MACK, M.D. D.O.C. Inmate; MICHAEL O.
TWIGG,
Defendants - Appellees,
and
JON P. GALLEY, Managing Warden; GARY KNIGHT,
Officer, C. O. II,
Defendants.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.
(CA-05-422-BEL)
Submitted: September 29, 2005 Decided: October 11, 2005
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael D. Hudgins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Michael D. Hudgins seeks to appeal the district court’s
order denying his motion to vacate the summary dismissal of two of
the four Defendants named in his complaint. The action remains
pending against the two other Defendants. 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 Hudgins 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 aide the decisional process.
DISMISSED
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