Epps v. Moore

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 21, 2009
• Docket: 09-7037
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7037

HUGH EPPS,

Plaintiff - Appellant,

v.

MICHAEL MOORE, Government Attorney, Eastern District Court of VA; UNKNOWN, DEA Officer; JAMES OXFORD, DEA Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:09-cv-00039-JRS)

Submitted: October 15, 2009 Decided: October 21, 2009

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hugh Epps, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Hugh Epps seeks to appeal a magistrate judge’s order

denying without prejudice his “Motion of Filing a Complaint

under Civil Rights Act 42 U.S.C. § 1983.” 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 Epps 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