Billy Ray Square, Plaintiff-appellant, v. Wayne v. Gay; Elton R. Coley; Eric Barnes; Cathy Dewald;keith Barnes, Defendants-appellees, 73 F.3d 358 (4th Cir. 1996)

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US Court of Appeals for the Fourth Circuit - 73 F.3d 358 (4th Cir. 1996)

Submitted Dec. 14, 1995. Decided Jan. 4, 1996


Billy Ray Square, Appellant Pro Se.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:


Appellant appeals the district court order dismissing one Defendant named in his 42 U.S.C. § 1983 (1988) complaint but allowing the action to proceed against other Defendants. 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 interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial 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.