UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6958
CORNELL F. DAYE,
Plaintiff – Appellant,
v.
DAVID BALLARD, Warden (MOCC), in his official and
individual capacities (Defendant #1); JASON COLLINS,
Associate Warden of Programs, in official and individual
capacities (Defendant #2); MARK CRAWFORD, Librarian, in his
official and individual capacities (Defendant #3); LT.
CURTIS DIXON, in his official and individual capacities
(Defendant #4),
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:11-cv-00106)
Submitted: December 15, 2011 Decided: December 19, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cornell F. Daye, Appellant Pro Se. Michael P. Addair, John P.
Fuller, BAILEY & WYANT, PLLC, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cornell F. Daye seeks to appeal the district court’s
order adopting the report and recommendation of the magistrate
judge and dismissing certain counts in Daye’s 42 U.S.C. § 1983
(2006) complaint. 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 Daye 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