Julius Tate v. Teresa Franklin, No. 11-1024 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1024 JULIUS TATE, Plaintiff Appellant, v. TERESA FRANKLIN, Nurse; DR. STRICKLAND; LT. TURNER; CORPORAL SMITH; MAJOR DUNNIGAN; ORANGE COUNTY JAIL MEDICAL DEPARTMENT, Defendants Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:09-cv-00230-NCT-PTS) Submitted: April 28, 2011 Decided: May 3, 2011 Before DAVIS, KEENAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Julius Tate, Appellant Pro Se. Robert T. Numbers, II, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina; Charles Houston Foppiano, BATTEN LEE, PLLC, Cary, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Julius Tate seeks to appeal the district court s order adopting the magistrate judge s report and recommendation and dismissing several of the Defendants from his 42 U.S.C. § 1983 (2006) action. 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, 54546 (1949). order nor The order Tate seeks to appeal is neither a final an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. dispense with oral argument because the facts and We 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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