19 F3d 1429 Haburn v. Hicks Person County
19 F.3d 1429
James D. HABURN, Sr., Plaintiff Appellant,
Jennifer HICKS, Defendant Appellee,
PERSON COUNTY; Sharon Betterton, Roxboro City Police
Officer; Detective Regan; Detective Perkins;
Person County District Attorney; Rape
United States Court of Appeals, Fourth Circuit.
Submitted Feb. 17, 1994.
Decided March 18, 1994.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Sr., District Judge.
James D. Haburn, Sr., appellant Pro Se.
Before RUSSELL, MURNAGHAN, and WILLIAMS, Circuit Judges.
Appellant appeals the dismissal of one Defendant in his 42 U.S.C. Sec. 1983 (1988) action. 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 Industrial 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.