Sides v. State of NC ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6497
RAYMOND LEE SIDES,
Plaintiff - Appellant,
versus
STATE OF NORTH CAROLINA; J. R. HUNT, JR.,
Defendants - Appellees,
and
FRANK MULLINS, Head Nurse; CHARLES W. STEWART,
Dr.; THOMAS KILLINS, Officer,
Defendants.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CA-00-116-5-BO)
Submitted: July 27, 2000 Decided: August 4, 2000
Before MURNAGHAN, WILKINS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raymond Lee Sides, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Raymond Lee Sides appeals the district court’s order dis-
missing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint against
two Defendants, but allowing it to proceed against the remaining
Defendants. We dismiss the appeal for lack of jurisdiction because
the order is not appealable. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (1994), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.
541 (1949). The order here appealed is neither a final order nor
an appealable interlocutory or collateral order. See Robinson v.
Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir. 1982).
We therefore dismiss the appeal as interlocutory. 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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