OLAVARRIA v. NORTH CAROLINA III (2020)

Reinaldo Olavarria seeks to appeal the district court's order adopting the magistrate judge's recommendation to dismiss, after a frivolity review pursuant to 28 U.S.C. § 1915(e)(2)(B) (2018), several of Olavarria's claims brought pursuant to 42 U.S.C. § 1983 (2018). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2018), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2018); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Olavarria seeks to appeal is neither a final order, as litigation of several claims, against several Defendants, remains ongoing in the district court, nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.