Otis Faust v. Warden Taylor

Filing 920090306


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8205 OTIS FAUST, Plaintiff - Appellant, v. WARDEN TAYLOR; DIRECTOR OZMINT; ASSOCIATE WARDEN BURTON; MAJOR FELDER; LIEUTENANT MCNEIL; MARY MONTOUTH, Inmate Grievance Coordinator, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:07-cv-00058-RBH-MCIV) Submitted: February 26, 2009 Decided: March 6, 2009 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Otis Faust, Appellant Pro Se. Christy L. Scott, SCOTT & PAYNE LAW FIRM, Walterboro, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Otis Faust seeks to appeal the district court's order denying without prejudice defendants' motion for summary judgment and recommitting the action to the magistrate judge for further proceedings. over final orders, This court may exercise jurisdiction only 28 U.S.C. 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). a final order nor The order Faust seeks to appeal is neither an appealable we dismiss interlocutory the appeal or for collateral lack of order. Accordingly, 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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