Howard Claudio v. The GEO Group, Incorporated, No. 13-6375 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6375 HOWARD DUFFIS CLAUDIO, Plaintiff - Appellant, v. THE GEO GROUP, INCORPORATED; WARDEN JONATHAN MINER; WALLACE BRANCH; R.W. HINTON; FEDERAL BUREAU OF PRISONS; HARLEY LAPPIN, Director, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:10-ct-03042-F) Submitted: July 18, 2013 Decided: July 22, 2013 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Howard Duffis Claudio, Appellant Pro Se. Michael Gordon James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; Robert T. Numbers, II, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Howard Duffis Claudio seeks to appeal the district court s order dismissing the Bureau of Prisons and Harley Lappin as parties to his lawsuit. 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). in the district court Because the action is proceeding against the remaining defendants, the order Claudio seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials Accordingly, we We dispense with legal contentions are before this and court argument would not aid the decisional process. DISMISSED 2

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