Tucker v. Andrews

73 F.3d 358, 1995 U.S. App. LEXIS 40410, 1995 WL 764504

Opinion

73 F.3d 358
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Cornelius TUCKER, Jr., Plaintiff-Appellant,
v.
Correctional Officer ANDREWS; Correctional Officer Boyette;
Correctional Officer Milligan; Nurse Rand; Nurse O'Neal;
Psychologist Cheran; Lieutenant Walker; Mr. McMichaels;
Ms. Moody; Kelly George, Defendants-Appellees.

No. 95-7436.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 14, 1995.
Decided Dec. 22, 1995.

Cornelius Tucker, Jr., Appellant Pro Se. William Dennis Worley, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:

Appellant appeals the district court's order denying several of Tucker's myriad pre-trial motions. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. Sec. 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. 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.