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114 F. App'x 581

Bush v. Price

U.S. Courts of Appeals

Decided December 6, 2004

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U.S. Courts of Appeals · decided 2004-12-06

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Cohen v. Beneficial Industrial Loan Corp.

Affirmed in part · Decided 2004-12-06

PER CURIAM.

¶1 Larry Lamont Bush appeals the district court’s order denying his motions for a preliminary injunction and to compel discovery in this action filed pursuant to 42 U.S.C. § 1983 (2000). With regard to the denial of injunctive relief, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Bush v. Price, No. CA-03-2264-1-AMD (D.Md. Mar. 17, 2004).

¶2 To the extent that Bush appeals the denial of the motion to compel discovery, this court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Bush seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss this portion of the appeal for lack of jurisdiction. We grant the motion to submit on informal briefs and 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 AFFIRMED IN PART; DISMISSED IN PART

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