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    McClain v. NC Department Corr, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bart Fitzgerald McClain. The court lacked jurisdiction to hear the appeal because the district court's order denying McClain's motion to compel was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    McClain v. NC Department Corr, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bart Fitzgerald McClain. The court lacked jurisdiction to hear the appeal because the district court's order denying McClain's motion to compel was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    Filed: 2003-03-28 Precedential Status: Non-Precedential Docket: 03-6060

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bart Fitzgerald McClain. The court lacked jurisdiction to hear the appeal because the district court's order denying McClain's motion to compel was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    11 views2 pages

    McClain v. NC Department Corr, 4th Cir. (2003)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bart Fitzgerald McClain. The court lacked jurisdiction to hear the appeal because the district court's order denying McClain's motion to compel was not a final judgment and did not fall into the limited categories of appealable interlocutory or collateral orders. As such, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6060

    BART FITZGERALD MCCLAIN,


    Plaintiff - Appellant,
    versus
    NORTH CAROLINA DEPARTMENT OF
    Avery-Mitchell Facility; OFFICER
    EDWARDS; CODY BLAKE STEWART,
    Officer; BRUCE C. CARPENTER,
    Officer; JAY CARTER, Lieutenant,

    CORRECTIONS,
    FOX; OFFICER
    Correctional
    Correctional
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Graham C. Mullen, Chief
    District Judge. (CA-01-20-1-MU-2)

    Submitted:

    March 20, 2003

    Decided:

    March 28, 2003

    Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Bart Fitzgerald McClain, Appellant Pro Se. Deborrah Lynn Newton,


    Assistant Attorney General, James Philip Allen, Roy Cooper, OFFICE
    OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bart Fitzgerald McClain seeks to appeal the district courts
    order denying his motion to compel.

    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 McClain 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

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