Amarame v. Hamidullah

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 8, 2009
• Docket: 08-8169
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8169

ELVIS JOSEPH AMARAME,

Plaintiff - Appellant,

v.

MATTHEW B. HAMIDULLAH, Warden, in his individual capacity; ROBERT GATES, in his individual capacity; JOSEPH OWENS, in his individual capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:07-cv-02775-HFF-WMC)

Submitted: April 21, 2009 Decided: May 8, 2009

Before TRAXLER, GREGORY, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Elvis Joseph Amarame, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Elvis Joseph Amarame seeks to appeal the district

court’s order accepting the magistrate judge’s recommendation to

grant in part and deny in part Defendants’ motion to dismiss

Amarame’s complaint. This court may exercise jurisdiction only

over final orders, 28 U.S.C. § 1291 (2006), and certain

interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);

Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541 (1949). The order Amarame 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