Watson v. Moore

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6181 ROBERT WATSON, Plaintiff - Appellant, versus MICHAEL MOORE; GERALDINE MIRO; MR. NICHOLS; MS. ROSS; MS. JOHNSON; JOHN SHU; D. L. SMITH; MR. COHEN; FRED BROWN; SERGEANT JOHNSON; CAPTAIN ALBRITTON, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Dennis W. Shedd, District Judge. (CA- 96-3371-4-19BE) Submitted: May 1, 1997 Decided: May 8, 1997 Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert Watson, Appellant Pro Se. Sandra J. Senn, STUCKEY & SENN, Charleston, South Carolina, 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 Unpublished opinions are not binding precedent in this circuit.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, which dismissed all Defendants except one and ordered service of complaint on the remaining Defendant. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise juris- diction only over final orders, 28 U.S.C. § 1291 (1994), and cer- tain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); 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