OpenJurist

36 F3d 1093 Rankins v. Chowan County Sheriff's Department

36 F.3d 1093

Michael RANKINS, a/k/a Abdul S. Muhammad, Plaintiff Appellant,
v.
CHOWAN COUNTY SHERIFF'S DEPARTMENT; Chowan County Detention
Facility; Fred A. Spruill, Sheriff; Walter
Lynnheart; G. Jackson; John Doe,
Jailer, Defendants Appellees.

No. 94-6124.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 25, 1994.
Decided Sept. 26, 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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-93-406-H).

Michael Rankins, appellant pro se.

E.D.N.C.

DISMISSED.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:

1

Appellant appeals the dismissal of some but not all claims 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.

2

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.

3

DISMISSED.