Cornell Daye v. David Ballard, No. 11-6958 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6958 CORNELL F. DAYE, Plaintiff Appellant, v. DAVID BALLARD, Warden (MOCC), in his official and individual capacities (Defendant #1); JASON COLLINS, Associate Warden of Programs, in official and individual capacities (Defendant #2); MARK CRAWFORD, Librarian, in his official and individual capacities (Defendant #3); LT. CURTIS DIXON, in his official and individual capacities (Defendant #4), Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:11-cv-00106) Submitted: December 15, 2011 Decided: December 19, 2011 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Cornell F. Daye, Appellant Pro Se. Michael P. Addair, John P. Fuller, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cornell F. Daye seeks to appeal the district court s order adopting the report and recommendation of the magistrate judge and dismissing certain counts in Daye s 42 U.S.C. § 1983 (2006) complaint. over final This court may exercise jurisdiction only 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 Daye 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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