Faust v. Taylor

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 6, 2009
• Docket: 08-8205
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8205

OTIS FAUST,

Plaintiff - Appellant,

v.

WARDEN TAYLOR; DIRECTOR OZMINT; ASSOCIATE WARDEN BURTON; MAJOR FELDER; LIEUTENANT MCNEIL; MARY MONTOUTH, Inmate Grievance Coordinator,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:07-cv-00058-RBH-MCIV)

Submitted: February 26, 2009 Decided: March 6, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Otis Faust, Appellant Pro Se. Christy L. Scott, SCOTT & PAYNE LAW FIRM, Walterboro, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Otis Faust seeks to appeal the district court’s order

denying without prejudice defendants’ motion for summary

judgment and recommitting the action to the magistrate judge for

further proceedings. 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 Faust 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