Ernesto Poux, Jr. v. FCI Bennettsville SC, No. 10-7675 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7675 ERNESTO POUX, JR., Plaintiff - Appellant, v. FCI BENNETTSVILLE SC, SSLT Mailroom; FCI BENNETTSVILLE SC, SHU Officers; FCI BENNETTSVILLE SC, C Unit Manager; J. EDWARDS, Lt.; S. MORRISON, Lt.; MS. T. LEWIS, Lt.; D. HUDSON, Lt.; MS. S. CARTWRIGHT; JOHN DOES, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:10-cv-00433-HFF) Submitted: March 15, 2011 Before MOTZ and Circuit Judge. WYNN, Circuit Decided: Judges, and March 18, 2011 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Ernesto Poux, Jr., Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ernesto Poux, Jr. seeks to appeal the district court s text order entered November motion to stay discovery. 19, 2010, granting Defendants This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). neither a final order nor The order Poux seeks to appeal is an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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