Parker v. Snipes

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6352

MONROE ROOSEVELT PARKER, JR.,

Plaintiff - Appellant,

and

TONIA R. PARKER,

Plaintiff,

versus

R. SNIPES, Police Sergeant; J.R. BLALOCK, Sheriff; LLOYD GOINS, Jailer/Major; BOBBY EASTER, Owner/Manager; DEPUTY REYNOLDS, Investigator/Detective,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:06-cv-867)

Submitted: August 30, 2007 Decided: September 6, 2007

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Monroe Roosevelt Parker, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Monroe Roosevelt Parker, Jr., seeks to appeal the

district court’s order accepting the recommendation of the

magistrate judge and dismissing his 42 U.S.C. § 1983 (2000)

complaint without prejudice to filing a new complaint. 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 Parker seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. See Domino Sugar Corp. v. Sugar Workers Local

Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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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