Emily L. Foster v. Charleston County Substance Abuse Commission

74 F.3d 1231, 1996 U.S. App. LEXIS 38824, 1996 WL 23353

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 23, 1996
• Docket: 95-1306
• Status: Published

Opinion

74 F.3d 1231
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Emily L. FOSTER, Plaintiff-Appellant,
v.
CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, Defendant-Appellee.

No. 95-1306.

United States Court of Appeals, Fourth Circuit.

Submitted: January 11, 1996.
Decided: January 23, 1996.

Emily L. Foster, Appellant Pro Se. Stephen Peterson Groves, Sr., Young, Clement, Rivers & Tisdale, Charleston, SC, for Appellee.

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

PER CURIAM:

Appellant appeals from the district court's order dismissing her 42 U.S.C.A. Secs. 1981, 1983 (West 1994) claims and referring her Title VII claim to the magistrate judge for additional findings. 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 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