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230 F. App'x 303

Jackson v. Cannon

U.S. Courts of Appeals

Decided June 21, 2007

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U.S. Courts of Appeals · decided 2007-06-21

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

Relies on Cohen v. Beneficial Industrial Loan Corp.

Dismissed by unpublished PER CURIAM opinion · Decided 2007-06-21

PER CURIAM:

¶1 Leroy Jackson seeks to appeal the district court’s order accepting the report and recommendation of a magistrate judge and dismissing his complaint without prejudice and without issuance of service of process as to defendants Charleston County Detention Center, Cannon, Wright, Lucas, Williams, and Goodyear. The complaint was also ordered to be served as to two remaining defendants. 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 Jackson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order because it is not a final order as to all claims against all defendants. 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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