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122 F. App'x 50

Cook v. Cherry

U.S. Courts of Appeals

Decided February 17, 2005

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U.S. Courts of Appeals · decided 2005-02-17

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.

Dismissed by unpublished per curiam opinion · Decided 2005-02-17

PER CURIAM:

¶1 Richard Lee Cook seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2000) action in part. Cook’s claim against Defendant Luis Ignacio remains pending in the district court. 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 Cook 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.

¶2 DISMISSED

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