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46 F. App'x 171

Schaeffer v. Jacobs

U.S. Courts of Appeals

Decided September 11, 2002

U.S. Courts of Appeals · decided 2002-09-11

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

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2002-09-11

PER CURIAM.

¶1Robert Schaeffer appeals the dismissal of his action as to two of the four Defendants in his 28 U.S.C. § 1983 (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 (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 here appealed is neither a final order nor an appeal-able interlocutory or collateral order.

¶2We 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.

¶3 DISMISSED.

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