Karim Akbar v. P.E.R.T. Officers

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7525 KARIM ABDUL AKBAR, Plaintiff - Appellant, v. P.E.R.T. OFFICERS, Defendant – Appellee, and JOYCE KORNEGAY, Commander; MR. MOBELY, Assistant Superintendent of Programs; JOHNNY HAWKINS, Assistant Superintendent of Custody, Defendants. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:12-ct-03233-FL) Submitted: January 15, 2015 Decided: January 21, 2015 Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Karim Abdul Akbar, Appellant Pro Se. Kimberly D. Grande, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Karim Abdul Akbar seeks to appeal the district court’s order directing the Defendants in his 42 U.S.C. § 1983 (2012) action to respond to his amended motion for discovery and holding in abeyance the motions for discovery. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Akbar 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 this court and argument would not aid the decisional process. DISMISSED 3