Hester v. Stowe

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7962 STEVEN E. HESTER, Plaintiff - Appellant, versus STEVEN STOWE, F.B.I.; ED RYAN, F.B.I.; PATRICK MCNARDO, U.S.M.; SCOTT SEWALL, U.S.M.; OFFICER SWEET, AA County Police; BEN WILSON, B.C.D.C.; VENABLE, Social Worker, B.C.D.C., Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-95- 2300-AMD) Submitted: March 12, 1996 Decided: March 21, 1996 Before WIDENER, MURNAGHAN, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Steven E. Hester, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, Perry F. Sekus, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order dismissing cer- tain Defendants and certain claims from his 42 U.S.C. § 1983 (1988) action. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocu- tory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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