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Terry THOMPSON, Plaintiff - Appellant, v. Charles OPOKU; Aliesha Haynes; Derrick Garnett; Tylecia Rene; Daniel Morgan; Kurt Moore; Dean Gadson; Saba Asrat; Corizon, Incorporated; Andrew Jackson; William Lewis; Stephen Stanback, Defendants - Appellees.
Terry Thompson seeks to appeal two orders entered in his 42 U.S.C. § 1983 civil rights action granting summary judgment to some, but not all, defendants. Thompson's case remains pending in the district court against the remaining defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; 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 orders Thompson seeks to appeal are neither final orders nor appealable interlocutory or collateral orders.* 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
FOOTNOTES
FOOTNOTE. Thompson does not argue on appeal that the district court improperly denied his request for a preliminary injunction, therefore that portion of the May 14, 2019, order is not before this court.
PER CURIAM:
Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
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Docket No: No. 20-7243
Decided: February 26, 2021
Court: United States Court of Appeals, Fourth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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