Anthony Harris v. R.L. Foy, No. 11-7171 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7171 ANTHONY RAY HARRIS, Plaintiff - Appellant, v. R.L. FOY, Deputy; RALEIGH SHERIFF S DEPARTMENT, POLICE DEPARTMENT; WAKE COUNTY Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:09-ct-03124-FL) Submitted: November 15, 2011 Decided: November 18, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Anthony Ray Harris, Appellant Pro Se. John Albert Maxfield, COUNTY ATTORNEY S OFFICE FOR THE COUNTY OF WAKE, Raleigh, North Carolina; Hunt Kang Choi, CITY ATTORNEY S OFFICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Ray Harris seeks to appeal the district court s order dismissing the Raleigh Police Department 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, 545-46 (1949). to appeal is neither a final interlocutory or collateral order. motion for release jurisdiction. and dismiss The order Harris seeks order nor an appealable Accordingly, we deny Harris the appeal for lack of 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 2

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