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126 F. App'x 107

Harden v. Oconee County

U.S. Courts of Appeals

Decided April 14, 2005

U.S. Courts of Appeals · decided 2005-04-14

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2005-04-14

PER CURIAM.

¶1Deborah D. Harden seeks to appeal the district court’s order denying Defendants’ motion to dismiss one claim, granting Harden leave to amend another claim, and recommitting the matter to the magistrate judge. 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 Harden 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.

¶2DISMISSED

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