Derrick Allen v. Town of Cary Police Department

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7474 DERRICK ALLEN, Plaintiff - Appellant, v. TOWN OF CARY POLICE DEPARTMENT; TONI DEZOMITS, Police Chief; N. COFFEY, Police Officer, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:20-cv-00144-BO) Submitted: January 19, 2021 Decided: January 22, 2021 Before AGEE, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Derrick Michael Allen, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Derrick Allen seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and dismissing two of the three defendants in his civil action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Allen seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Allen’s motion for a transcript at government expense. 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 2