Michael v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6816

JEFFREY MICHAEL,

Plaintiff – Appellant,

v.

UNITED STATES OF AMERICA; CORRECTIONAL MEDICAL SERVICES, INC.,

Defendants – Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:10-cv-00728-JFM)

Submitted: September 30, 2010 Decided: October 8, 2010

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeffrey Michael, Appellant Pro Se. Philip Melton Andrews, KRAMON & GRAHAM, PA, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jeffrey Michael seeks to appeal the district court’s

order dismissing without prejudice some claims in Michael’s

complaint and directing the Defendant to respond to the

remaining claims in the complaint. 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 Michael

seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we deny

Michael’s motion for appointment of counsel and 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