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5 F. App'x 333

Corrigan v. Carmack

U.S. Courts of Appeals

Decided March 19, 2001

U.S. Courts of Appeals · decided 2001-03-19

Applies 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 2001-03-19

PER CURIAM.

¶1 Mark Corrigan appeals the district court’s order, which accepted the magistrate judge’s recommendation in part and rejected it in part, granting summary judgment in favor of all but one of the Defendants named in Corrigan’s action filed under 42 U.S.C.A. § 1983 (West Supp.2000), and the order denying without prejudice Corrigan’s motion for reconsideration (No. 00-7611). Corrigan also appeals the district court’s order denying his motion to amend the complaint and to appoint an expert witness (No. 00-6534). We dismiss the appeals for lack of jurisdiction because the orders are 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 S.Ct. 1221, 93 L.Ed. 1528 (1949). The orders here appealed are neither final orders nor appeal-able interlocutory or collateral orders.

¶2 We dismiss the appeals as interlocutory. We deny the motion to strike Corrigan’s informal reply brief and 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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