Tyler v. Rackley

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7213 LINDA ANN TYLER, Plaintiff - Appellant, versus GLORIA JEAN RACKLEY; E. RICHARD BAZZLE, Warden of Leath Correctional Institution; CHARLES KEARNEY, JR., Captain; DIANE HAMRICK, Lieuten- ant; MELISSA WHITT; BERNICE WIGGLETON, Major; BARBARA L. PARTILEDGE, Officer; R. IRBY, Men- tal Health Counselor; DIANE LITWER, Grievance Coordinator; RANCE COBB, Principal; BETTY FLEMING, Sergeant; V. C. HILL, Lieutenant; BARBARA SHUMATE, of Operations at Leath Cor- rectional Institution; T. J. PHILSON, Captain; SHERRI CHANDLER, Administrative Assistant, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, District Judge. (CA-99-2845-4-22BF) Submitted: February 22, 2001 Decided: February 28, 2001 Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Linda Ann Tyler, Appellant Pro Se. Steven Michael Pruitt, MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Linda Ann Tyler appeals from the district court’s order de- nying her motion to transfer her case to another judge. 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 (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 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. We deny all of Tyler’s outstanding motions, including her motions for reconsideration of this court’s prior orders in her case. 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. DISMISSED 2