Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.earl Linwood Gregory, Plaintiff--appellant, v. R. Boyers; C.h. Byers, Sergeant; C.d. Butler, Corporal;j. Fridley; Correctional Officer Minter; Charlest. Cunniff, Defendants--appellees, 91 F.3d 130 (4th Cir. 1996)

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U.S. Court of Appeals for the Fourth Circuit - 91 F.3d 130 (4th Cir. 1996)

Submitted June 20, 1996. Decided July 29, 1996


Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (CA-94-473-R)

Earl Linwood Gregory, Appellant Pro Se. Lance Bradford Leggitt, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

W.D. Va.

APPEAL DISMISSED.

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

PER CURIAM:


Appellant appeals the district court's grant of summary judgment in favor of several Defendants, leaving one Defendant remaining in the case. 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 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. i