Smith v. Atkinson

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 23, 2011
• Docket: 10-2376
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2376

BEN HOWARD SMITH,

Plaintiff – Appellant,

v.

BOB ATKINSON; LINDA G. WALTERS,

Defendants – Appellees,

and

PERCY B. HARVIN; L. KEITH JOSEY, JR.; RONNIE STEWART, all in their individual and official capacity; JOSEPH K. COFFY,

Defendants.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:08-cv-00201-RMG-BM)

Submitted: May 19, 2011 Decided: May 23, 2011

Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ben Howard Smith, Appellant Pro Se. Kelly M. Jolley, MCNAIR LAW FIRM, PA, Hilton Head, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Ben Howard Smith appeals the district court’s order

dismissing two defendants in his civil rights action. 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 Smith 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