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294 F. App'x 798

Pellum v. Burtt

U.S. Courts of Appeals

Decided October 1, 2008

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U.S. Courts of Appeals · decided 2008-10-01

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Dismissed by unpublished PER CURIAM opinion · Decided 2008-10-01

PER CURIAM:

¶1 Aaron Wayne Pellum seeks to appeal the district court’s order accepting in part and rejecting in part the magistrate judge’s recommendation and denying his motion for summary judgment and denying in part and granting in part the Defendants’ motion for summary judgment in this 42 U.S.C. § 1983 (2000) action. 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 Pellum seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we grant the Appel-lees’ motion and dismiss the appeal for lack of jurisdiction. We deny Pellum’s motions for appointment of counsel, a transcript at government expense, to stay the proceedings, and for oral argument. 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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