Green v. Bell

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 1, 2011
• Docket: 11-6259
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6259

LARRY KEITH GREEN, a/k/a Said Abdullah Hakim,

Plaintiff – Appellant,

v.

MICHAEL T. BELL; SANDRA F. THOMAS; PAUL TAYLOR; CORRECTIONAL OFFICER O'NEAL; GEORGE KENWORTHY, Superintendent,

Defendants – Appellees,

and

THEODIS BECK,

Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, District Judge. (5:10-ct-03003-D)

Submitted: May 26, 2011 Decided: June 1, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Keith Green, Appellant Pro Se. Oliver Gray Wheeler, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Larry Keith Green seeks to appeal the dismissal of one

defendant in his 42 U.S.C. § 1983 (2006) suit. 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, 545-46 (1949). The order Green

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