Jerry Hinton v. Ernest Sutton

72 F.3d 126, 1995 U.S. App. LEXIS 39550, 1995 WL 736847

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 12, 1995
• Docket: 95-7303
• Status: Published

Opinion

72 F.3d 126
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Jerry HINTON, Plaintiff-Appellant,
v.
Ernest SUTTON, Defendant-Appellee.

No. 95-7303.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 16, 1995.
Decided Dec. 12, 1995.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Wallace Wade Dixon, Magistrate Judge. (CA-93-299-5-H)

Jerry Hinton, Appellant Pro Se. Elizabeth F. Parsons, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, NC, for Appellee.

E.D.N.C.

DISMISSED.

Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Appellant appeals the magistrate judge's memorandum and recommendation recommending that the district judge grant Defendant's motion for summary judgment. 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.