Barnes v. Dedmondt

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 5, 2009
• Docket: 09-6161
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6161

STEVEN LOUIS BARNES,

Plaintiff - Appellant,

v.

GEORGE DEDMONDT; BRAIN WILLIAMS; SHADELL STEVENS; MARCUS SMITH; POLLY HALL; A. DELL DOBEY; BRENDA B. CARPENTER; HEIDI PRESSLEY; RANDY DORAN; LT. KARREN JAGGERS, official and individual capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Margaret B. Seymour, District Judge. (4:08-cv-00002-MBS-TER)

Submitted: April 23, 2009 Decided: May 5, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven Louis Barnes, Appellant Pro Se. William Henry Davidson, II, Daniel C. Plyler, DAVIDSON & LINDEMANN, P.A., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Steven Louis Barnes appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2006) complaint as to Defendant

Carpenter. Several defendants remain party to the action

pending below. 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 Barnes seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order. See

Tracy v. Robbins, 373 F.2d 13 (4th Cir. 1967). Accordingly, we

grant Appellees’ motion to dismiss, and 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