UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7114
UNULA BOO SHAWN ABEBE,
Plaintiff - Appellant,
v.
SC DEPT OF CORRECTIONS; OFFICER GOFFREY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District
Judge. (0:09-cv-03111-MBS-PJG)
Submitted: September 30, 2010 Decided: October 12, 2010
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unula Boo Shawn Abebe, Appellant Pro Se. John Betts McCutcheon,
Jr., Lisa Arlene Thomas, THOMPSON & HENRY, PA, Conway, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Unula Abebe seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
granting the motion to dismiss filed by defendant South Carolina
Department of Corrections, but rejecting the recommendation and
granting Abebe leave to file his “Second Party Complaint” and
recommitting his case to the magistrate judge for further
consideration. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-
46 (1949). The order Abebe seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
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.
DISMISSED
2