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MCCLARY v. LIGHTSEY (2018)

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United States Court of Appeals, Fourth Circuit.

Ronald MCCLARY, Plaintiff - Appellant, v. Joseph LIGHTSEY; Pamela Henderson; Mitchell Lawson; Heriberto Sierra, Defendants - Appellees.

No. 18-6779

Decided: September 21, 2018

Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Ronald McClary, Appellant Pro Se. Charles Houston Foppiano, Gary Adam Moyers, BATTEN LEE, PLLC, Raleigh, North Carolina, for Appellee Heriberto Sierra.

Ronald McClary seeks to appeal the district court's order granting in part and denying in part motions for summary judgment and judgment on the pleadings. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 McClary seeks to appeal is neither a final order 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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