Ware v. Pruitt

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2290

OZIE M. WARE,

Plaintiff – Appellant,

v.

RODNEY PRUITT; JUDGE FLYNN,

Defendants – Appellees,

and

J. E. PATSOURAKOS, Officer; OFFICER GRIFFIN,

Defendants.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, District Judge. (1:09-cv-02360-MBS-JRM)

Submitted: March 16, 2010 Decided: March 19, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ozie M. Ware, Appellant Pro Se. Evan Markus Gessner, LIDE & PAULEY, LLC, Lexington, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ozie M. Ware seeks to appeal the district court order

dismissing his claims against two of the four Defendants named

in his law suit. 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

(1949). The order Ware 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