Tate v. Franklin

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 3, 2011
• Docket: 11-1024
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1024

JULIUS TATE,

Plaintiff – Appellant,

v.

TERESA FRANKLIN, Nurse; DR. STRICKLAND; LT. TURNER; CORPORAL SMITH; MAJOR DUNNIGAN; ORANGE COUNTY JAIL MEDICAL DEPARTMENT,

Defendants – Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:09-cv-00230-NCT-PTS)

Submitted: April 28, 2011 Decided: May 3, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julius Tate, Appellant Pro Se. Robert T. Numbers, II, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina; Charles Houston Foppiano, BATTEN LEE, PLLC, Cary, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Julius Tate seeks to appeal the district court’s order

adopting the magistrate judge’s report and recommendation and

dismissing several of the Defendants from his 42 U.S.C. § 1983

(2006) 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 Tate 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