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428 F. App'x 240

Sullivan v. Wells

U.S. Courts of Appeals

Decided May 12, 2011

U.S. Courts of Appeals · decided 2011-05-12

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.

Decided 2011-05-12

¶1No. 10-6859 dismissed; No. 10-7676 affirmed by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3In No. 10-6859, David Farrell Sullivan appeals the district court’s orders denying his motion pursuant to Federal Rule of Civil Procedure 56(f) in his action pursuant to 42 U.S.C. § 1983 (2006). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the district court’s order denying Sullivan’s Rule 56(f) motion was neither a final order nor an appealable interlocutory or collateral order, we dismiss the appeal of that order for lack of jurisdiction.

¶4In No. 10-7676, Sullivan appeals the district court’s order granting summary judgment to Appellees. Our review of the record reveals no reversible error. Accordingly, we affirm that order for the reasons stated by the district court. Sullivan v. Wells, No. 6:09-cv-02551-RMG, 2010 WL 4156439 (D.S.C. Oct. 19, 2010).

¶5We 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.

¶6No. 10-6859 DISMISSED.

¶7No. 10-7676 AFFIRMED.

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