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BLACK v. GRIMES PLN (2018)

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United States Court of Appeals, Fourth Circuit.

Herman L. BLACK, Plaintiff-Appellant, v. Phils GRIMES, Superintendent; Jason Miller, Correction Officer; Barbara Mead, PLN Medical Administrative, Defendants-Appellees.

No. 18-6783

Decided: September 21, 2018

Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Herman L. Black, Appellant Pro Se. Alexander Francuzenko, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees.

Herman L. Black seeks to appeal the district court's order dismissing without prejudice, for failure to effect service, all claims asserted against one of the three defendants named in Black's civil complaint. 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). Because a claim against one of the defendants remains pending below, the order Black 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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