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MCNEILL v. Cameron Gaddy; Nicolas Bustillos; Whitney Revels; Connie Locklear-Jones; Sheryl Hatcher; Katy Poole; William Bullard; Dean Locklear; Pamela J. Locklear; Ronald Covington; Monica Bond, Defendants. (2019)

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United States Court of Appeals, Fourth Circuit.

James C. MCNEILL, Plaintiff - Appellant, v. Barsha SIMS; Vigo, Defendants - Appellees, Cameron Gaddy; Nicolas Bustillos; Whitney Revels; Connie Locklear-Jones; Sheryl Hatcher; Katy Poole; William Bullard; Dean Locklear; Pamela J. Locklear; Ronald Covington; Monica Bond, Defendants.

No. 19-6627

Decided: August 23, 2019

Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. James C. McNeill, Appellant Pro Se.

James C. McNeill seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 (2012) action without prejudice as to two, but not all, defendants on the ground that McNeill did not show good cause for failure to obtain service as to those two defendants. 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 McNeill 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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