Darrell Gaines v. Louis Tomasetti, No. 12-6885 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6885 DARRELL GAINES, Plaintiff - Appellant, v. LOUIS TOMASETTI, Police Officer at Asheville Police Department; JUSTIN CLINARD, Police Officer at Asheville Police Department; DARRYL FISHER, Police Officer at Asheville Police Department; TAMMY BRYSON, Police Officer at Asheville Police Department; LESLIE K. TORGOW; CURTIS JONES; LEO MCCABE; LUKE BIGELOW, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Robert J. Conrad, Jr., Chief District Judge. (1:09-cv-00217-RJC) Submitted: September 27, 2012 Decided: October 2, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Darrell Gaines, Appellant Pro Se. Rendi Lynn Mann-Stadt, WARD & SMITH, PA, Asheville, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell Gaines seeks to appeal from the district court s order dismissing the claims against some, but not all, of the defendants named in his complaint filed pursuant to 42 U.S.C. § 1983 (2006). 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). is neither a final order The order Gaines seeks to appeal nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of We jurisdiction. counsel. legal before deny Gaines motion for appointment of We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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