Page v. Padula

Court of Appeals for the Fourth Circuit·Decided December 2, 2009·No. 09-6903·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6903

ALBERT D. PAGE,

Plaintiff - Appellant,

v.

A. J. PADULA, Warden; ROBERT WARD, Directional Divisional Operations; JOHN BROOKS, Associate Warden; JENNIFER LIVINGSTON, Correctional Officer; JON OZMINT, Director; RON CRIBB, Captain; GENNA CAIN, Officer; MS. SIMON, mailroom personnel at Lee Correctional Institution,

Defendants – Appellees,

and

MS. WHITNEY, mailroom personnel at Lee Correctional Institution,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Bristow Marchant, Magistrate Judge. (9:08-cv-01660-HFF-BM)

Submitted: November 19, 2009 Decided: December 2, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion. Albert D. Page, Appellant Pro Se. Andrew Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Albert D. Page seeks to appeal the district court’s

order denying his motion for reconsideration of the district

court’s order denying, inter alia, Page’s motions for orders

granting him leave to depose correctional officers and prison

inmates and compelling the production of various documents.

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

Page 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

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Related

Cohen v. Beneficial Industrial Loan Corp.
337 U.S. 541 (Supreme Court, 1949)