Public-domain · open source
OpenJurist

212 F. App'x 202

Simba v. Britt

U.S. Courts of Appeals

Decided January 5, 2007

U.S. Courts of Appeals · decided 2007-01-05

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

Relies on Cohen v. Beneficial Industrial Loan Corp. · Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Decided 2007-01-05

PER CURIAM:

¶1Ya Jelani Simba seeks to appeal the magistrate judge’s dismissal of his § 1983 complaint without prejudice and the denial of his Fed.R.Civ.P. 60(b) motion. 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 Simba seeks to appeal is not an appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993). 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.

/212/fappx/202 · .json · Public domain