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70 F. App'x 146

Bailey-El v. Corcoran

U.S. Courts of Appeals

Decided July 31, 2003

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U.S. Courts of Appeals · decided 2003-07-31

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)) · 42 U.S.C. § 2000C

Relies on Cohen v. Beneficial Industrial Loan Corp. · Robinson v. Parke-Davis & Co.

Dismissed by unpublished PER CURIAM opinion · Decided 2003-07-31

PER CURIAM.

¶1 Ronald G. Bailey-El seeks to appeal the district court’s order denying relief on his claims filed under the Civil Rights Act, 42 U.S.C. § 1983 (2000), and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C.A. §§ 2000cc to 2000cc-5 (West Supp.2003). 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. *147 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Although the district court administratively closed Bailey-El’s case when it consolidated his case with those filed by other inmates, his co-plaintiffs’ actions are still pending. Only once those claims have been adjudicated may this court assert appellate jurisdiction. See Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.1982) (holding that order not final if it disposes of “fewer than all the claims or the rights and liabilities of fewer than all the parties”). Accordingly, we 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 the court and argument would not aid the decisional process.

¶2 DISMISSED.

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