Anthony Hugh Carter v. John R. Williams Lewis A. Babb Lieutenant Carter Sergeant Boyd

74 F.3d 1230, 1996 U.S. App. LEXIS 39020, 1996 WL 15440

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 17, 1996
• Docket: 95-7281
• Status: Published

Opinion

74 F.3d 1230
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Anthony Hugh CARTER, Plaintiff-Appellant,
v.
John R. WILLIAMS; Lewis A. Babb; Lieutenant Carter;
Sergeant Boyd, Defendants-Appellees.

No. 95-7281.

United States Court of Appeals, Fourth Circuit.

Submitted: December 14, 1995.
Decided: January 17, 1996.

Anthony Hugh Carter, Appellant Pro Se.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:

Appellant appeals the district court's order dismissing three of four 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. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We deny leave to proceed in forma pauperis and 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