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CLARK v. GELSINGER II (2018)

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United States Court of Appeals, Fourth Circuit.

Hammel J. CLARK, Plaintiff-Appellant, v. Denise GELSINGER; Lieutenant Larry C. Bennett; Co II Alicia A. Cartwright; Sergeant Jason A. Daddysman; Warden Richard J. Graham; Sergeant Thomas Menges, Defendants-Appellees.

No. 18-6386

Decided: September 21, 2018

Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Hammel J. Clark, Appellant Pro Se.

Hammel J. Clark seeks to appeal the district court's order dismissing some, but not all, of Clark's claims in his 42 U.S.C. § 1983 (2012) 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). The order Clark 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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