Hudgins v. Mack

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 11, 2005
• Docket: 05-6815
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6815

MICHAEL D. HUDGINS,

Plaintiff - Appellant,

versus

ALFRED MACK, M.D. D.O.C. Inmate; MICHAEL O. TWIGG, Defendants - Appellees,

and

JON P. GALLEY, Managing Warden; GARY KNIGHT, Officer, C. O. II,

Defendants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (CA-05-422-BEL)

Submitted: September 29, 2005 Decided: October 11, 2005

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael D. Hudgins, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Michael D. Hudgins seeks to appeal the district court’s

order denying his motion to vacate the summary dismissal of two of

the four Defendants named in his complaint. The action remains

pending against the two other Defendants. This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The order Hudgins 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 aide the decisional process.

DISMISSED

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