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United States Court of Appeals, Fourth Circuit.

Derrick ALLEN, Plaintiff - Appellant, v. TOWN OF CARY POLICE DEPARTMENT; Toni Dezomits, Police Chief; N. Coffey, Police Officer, Defendants - Appellees.

No. 20-7474

Decided: January 22, 2021

Before AGEE, WYNN, and DIAZ, Circuit Judges. Derrick Michael Allen, Sr., Appellant Pro Se.

Derrick Allen seeks to appeal the district court's order adopting the magistrate judge's recommendation and dismissing two of the three defendants in his civil action. 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 order Allen seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Allen's motion for a transcript at government expense. 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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