Taccino v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 2, 2004
• Docket: 04-1077
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1077

WILLIAM A. TACCINO,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; UNITED STATES POSTAL SERVICE; JOHN POTTER, Postmaster General; DEPARTMENT OF JUSTICE,

Defendants - Appellees,

and

OFFICE OF THE PRESIDENT OF THE UNITED STATES; GEORGE BUSH, President of the United States; JOHN ASHCROFT, United States Attorney General; OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES; DICK CHENEY, Vice President of the United States; DEPARTMENT OF HOMELAND SECURITY; TOM RIDGE, Secretary,

Defendants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-03-3372-JFM)

Submitted: May 24, 2004 Decided: August 2, 2004

Before WIDENER, LUTTIG, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion.

William A. Taccino, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

William A. Taccino seeks to appeal the district court’s

order dismissing his civil complaint with respect to some

Defendants and granting Taccino twenty days to amend his complaint

with respect to the remaining Defendants. 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 Taccino 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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