UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7942
MICHAEL MCNEILL,
Plaintiff - Appellant,
v.
SERGEANT KINNEY; ATLANTIC DIAGNOSTIC OF DURHAM; NC DOC
DIRECTOR,
Defendants – Appellees,
and
FRANK STAMPER,
Defendant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:08-cv-00162-GCM)
Submitted: November 13, 2008 Decided: November 21, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael McNeill, Appellant Pro Se. Joshua Daniel Davey,
MCGUIREWOODS, LLP, Charlotte, North Carolina; Elizabeth Pharr
McCullough, YOUNG, MOORE & HENDERSON, PA, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Michael NcNeill seeks to appeal the district court’s
order denying his motion for summary judgment and dismissing his
complaint as to all defendants except Mr. Stamper. 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. 541 (1949). The order
McNeill seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
deny McNeill’s motion for issuance of a subpoena 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 the court and argument would not aid the
decisional process.
DISMISSED
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