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3 F. App'x 58

Pistner v. Unnamed

U.S. Courts of Appeals

Decided February 7, 2001

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U.S. Courts of Appeals · decided 2001-02-07

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2001-02-07

PER CURIAM.

¶1 Robert Kerry Pistner appeals from the district court’s order granting summary judgment to all but one of the defendants in this 42 U.S.C.A. § 1983 (West Supp. 2000) action. 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. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S .C. § 1292 (1994); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 *59 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny the motion for appointment of counsel and to expedite consideration of the appeal and 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.

¶2 DISMISSED.

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