William Judy v. Kathy Williams

710 F. App'x 176

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 2, 2018
• Docket: 17-7340
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

William Lee Judy seeks to appeal the district court’s order dismissing the United States, from his pending action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680 (2012). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 64(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 641, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Judy seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Baird v. Palmer, 114 F.3d 39, 43 (4th Cir. 1997). Accordingly, we grant Defendants’ motion to dismiss and 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 this court and argument would not aid the decisional process.

DISMISSED