Parker v. Snipes, No. 07-6352 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6352 MONROE ROOSEVELT PARKER, JR., Plaintiff - Appellant, and TONIA R. PARKER, Plaintiff, versus R. SNIPES, Police Sergeant; J.R. BLALOCK, Sheriff; LLOYD GOINS, Jailer/Major; BOBBY EASTER, Owner/Manager; DEPUTY REYNOLDS, Investigator/Detective, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:06-cv-867) Submitted: August 30, 2007 Decided: September 6, 2007 Before MICHAEL, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Monroe Roosevelt Parker, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Monroe district court s magistrate judge Roosevelt order and Parker, accepting dismissing Jr., the his 42 seeks to appeal recommendation U.S.C. § complaint without prejudice to filing a new complaint. of 1983 the the (2000) This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Parker seeks to appeal is an neither a final order nor appealable interlocutory or collateral order. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 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 -

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