Lee v. Maryland Department of Public Safety & Correctional Services

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1374 STACY ELIZABETH LEE, Plaintiff - Appellant, versus MARYLAND DEPARTMENT OF PUBLIC SAFETY AND COR- RECTIONAL SERVICES, Defendant - Appellee, and WILLIAM SMITH; QUINNIE MATTHEWS; SOLOMON HEJERIKA; ANTHONY OSANDU; SERGEANT KEENAN, Patuxent Institution; STUART O. SIMS, Secre- tary, Division of Corrections, Department of Public Safety and Transportation, State of Maryland, Defendants. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98- 2825-MJG) Submitted: June 21, 2001 Decided: June 28, 2001 Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stacy Elizabeth Lee, Appellant Pro Se. Scott Sheldon Oakley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Stacy Elizabeth Lee appeals the district court’s order grant- ing in part and denying in part the Defendant’s motion for summary judgment. 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 inter- locutory 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 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