Lloyd Lewis v. Stephanie Brathwaite ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7317
LLOYD T. LEWIS,
Plaintiff - Appellant,
v.
STEPHANIE BRATHWAITE,
Defendant - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta C. Biggs, District Judge. (1:19-cv-00528-LCB-LPA)
Submitted: January 19, 2021 Decided: January 22, 2021
Before AGEE, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lloyd T. Lewis, Appellant Pro Se. John Walton Minier, YATES, MCLAMB & WEYHER,
LLP, Raleigh, North Carolina; Gary Adam Moyers, BATTEN LEE, PLLC, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lloyd T. Lewis seeks to appeal the district court’s order dismissing all of Lewis’
claims against one Defendant and dismissing some claims against the remaining
Defendant, but allowing Lewis’ deliberate indifference claim against the remaining
Defendant to proceed. This court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R.
Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Lewis seeks to appeal is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny
Lewis’ motion for a protective order. 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
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