Julius Tate v. Teresa Franklin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-00230-NCT-PTS. Copies to all parties and the district court/agency. [998581029]. Mailed to: Julius Tate. [11-1024]

Appeal: 11-1024

Document: 22

Date Filed: 05/03/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1024

JULIUS TATE,
Plaintiff – Appellant,
v.
TERESA FRANKLIN, Nurse; DR. STRICKLAND; LT. TURNER; CORPORAL
SMITH; MAJOR DUNNIGAN; ORANGE COUNTY JAIL MEDICAL DEPARTMENT,
Defendants – Appellees.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cv-00230-NCT-PTS)

Submitted:

April 28, 2011

Decided:

May 3, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julius Tate, Appellant Pro Se.
Robert T. Numbers, II, WOMBLE
CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina;
Charles Houston Foppiano, BATTEN LEE, PLLC, Cary, North
Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1024

Document: 22

Date Filed: 05/03/2011

Page: 2 of 2

PER CURIAM:
Julius Tate seeks to appeal the district court’s order
adopting the magistrate judge’s report and recommendation and
dismissing several of the Defendants from his 42 U.S.C. § 1983
(2006) action.

This court may exercise jurisdiction only over

final orders, 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, 54546 (1949).
order

nor

The order Tate seeks to appeal is neither a final
an

appealable

interlocutory

or

collateral

order.

Accordingly, we dismiss the appeal for lack of jurisdiction.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

2