Foster v. Greenville Fire Dept

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1617 RICHARD E. FOSTER, Plaintiff - Appellant, versus CITY OF GREENVILLE FIRE DEPARTMENT; CHIEF W. T. (TOMMY) MCDOWELL, Fire Marshall; L. H. GODFREY, Assistant Fire Marshall; R. A. COOK; KENNY V. CROSBY, Director of Human Resources, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Margaret B. Seymour, District Judge. (CA-01-4824) Submitted: July 25, 2002 Decided: July 31, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Richard E. Foster, Appellant Pro Se. Deborah Casey Brown, GALLIVAN, WHITE & BOYD, P.A., Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard E. Foster appeals the district court’s order dismissing individual defendants from his employment discrimination action. 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 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