Smith v. Harrison

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6473

HAROLD SMITH,

Plaintiff - Appellant,

versus

STEVE ASSOCIATE WARDEN; FRANK SPOON, Factory Manager; JERRY DEMPSEY, Foreman; FNU MONROE, Foreman; RICKY GAULT, Foreman; ELMORE BUTCH HARRIS, Assistant Safety Manager; JOHN DOE, Property Owner,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (CA-04-1188-HFF)

Submitted: July 27, 2005 Decided: August 4, 2005

Before KING, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harold Smith, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Harold Smith seeks to appeal the district court’s order

denying relief on the claims as to some, but not all, defendants in

Smith’s Bivens* action. 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 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

* Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

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