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25 F.3d 1039

Docket No. 93-2411.

Jackson Jackson

Fourth Circuit Court of Appeals

Submitted May 3, 1994 Decided May 19, 1994.

Fourth Circuit Court of Appeals

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. · Patchick v. Kensington Publishing Corp. · Harris v. United States

Opinion by Per Curiam ·

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-93-2504-JFM)

Ida M. Jackson, appellant pro se.

Betty Stemley Sconion, Asst. Atty. Gen., Pikesville, MD, for appellees.

D.Md.

DISMISSED.

Before HALL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals the district court's order dismissing her 42 U.S.C. Sec. 1983 (1988) complaint as to one but not all of the Defendants. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction only over final orders, 28 U.S.C.A. Sec. 1291 (West 1988 & Supp.1994), and certain interlocutory and collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-47 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. See Patchick v. Kensington Publishing Corp., 743 F.2d 675, 677 (9th Cir.1984) (district court order dismissing some but not all defendants is not a "final decision").

¶2

We dismiss the appeal as interlocutory. 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.

DISMISSED

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