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672 F. App'x 253

Die Blaise v. Sandra Harris

U.S. Courts of Appeals

Decided December 22, 2016

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U.S. Courts of Appeals · decided 2016-12-22

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

Relies on Cohen v. Beneficial Industrial Loan Corp.

Decided 2016-12-22

¶1 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶2 Die K. Blaise seeks to appeal the district court’s order dismissing part of his civil *254 complaint with prejudice and dismissing the remainder without prejudice. Blaise has since filed an amended civil complaint raising the.claims dismissed without prejudice, and that action remains pending with the district court. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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). The order Blaise seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

¶3 DISMISSED

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