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  • Banks v. NC Dept of Correction, 4th Cir. (2006)

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    Theodore Banks appealed a district court order granting partial summary judgment to the defendants in his civil action. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was neither a final order ending the case nor an appealable interlocutory order, as the case was still ongoing in the district court. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    Filed: 2006-10-19 Precedential Status: Non-Precedential Docket: 06-1495

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    Theodore Banks appealed a district court order granting partial summary judgment to the defendants in his civil action. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was neither a final order ending the case nor an appealable interlocutory order, as the case was still ongoing in the district court. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    Banks v. NC Dept of Correction, 4th Cir. (2006)

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    Scribd Government Docs
    Theodore Banks appealed a district court order granting partial summary judgment to the defendants in his civil action. The appeals court found that it did not have jurisdiction to hear the appeal because the district court's order was neither a final order ending the case nor an appealable interlocutory order, as the case was still ongoing in the district court. Therefore, the appeals court dismissed the appeal for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-1495

    THEODORE M. BANKS,
    Plaintiff - Appellant,
    versus
    NORTH CAROLINA DEPARTMENT
    HARNETT CORRECTIONAL CENTER,

    OF

    CORRECTION;
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:03-cv-00772-BO)

    Submitted: October 17, 2006

    Decided: October 19, 2006

    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Theodore M. Banks, Appellant Pro Se. Brian Clifford Wilks, NORTH


    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Theodore M. Banks seeks to appeal the district courts
    order granting partial summary judgment to the Defendants in his
    civil action. This court may exercise jurisdiction only over final
    orders, 28 U.S.C. 1291 (2000), and certain interlocutory and
    collateral orders, 28 U.S.C. 1292 (2000); Fed. R. Civ. P. 54(b);
    Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).

    The

    order that Banks 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 the court and argument would not
    aid the decisional process.

    DISMISSED

    - 2 -

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