Roger Berry v. Beverly Perdue
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:10-ct-03154-FL Copies to all parties and the district court/agency. [998792068]. Mailed to: Elizabeth F. Parsons. [11-7003]
Appeal: 11-7003
Document: 20
Date Filed: 02/21/2012
Page: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7003
ROGER CARL BERRY,
Plaintiff - Appellant,
v.
BEVERLY EAVES PERDUE; ALVIN W. KELLER; MARY S. POLLARD; KEN
BUTLER; EXECUTIVE DIRECTOR, North Carolina Prisoner Legal
Services,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:10-ct-03154-FL)
Submitted:
February 16, 2012
Decided:
February 21, 2012
Before SHEDD, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Carl Berry, Appellant Pro Se.
Assistant
Attorney
General,
Raleigh,
Appellees.
Elizabeth F. Parsons,
North
Carolina,
for
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-7003
Document: 20
Date Filed: 02/21/2012
Page: 2 of 2
PER CURIAM:
Roger Carl Berry seeks to appeal the district court’s
order dismissing his claims against four defendants.
This court
may
28
exercise
jurisdiction
only
over
final
orders,
U.S.C.
§ 1291 (2006), and certain interlocutory and collateral orders,
28
U.S.C.
§ 1292
(2006);
Fed.
R.
Civ.
P.
54(b);
Cohen
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).
v.
The
order Berry 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 deny Berry’s
motion
to
compel
legal
documents.
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
*
Although the order dismissed claims against certain
defendants, it was not certified as final under Fed. R. Civ. P.
54(b).
2
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