Tony Moore v. Anthony Padula

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [998931267-2] Originating case number: 5:11-cv-01033-TMC-KDW Copies to all parties and the district court/agency. [999010605]. Mailed to: Moore. [12-7376]

Appeal: 12-7376

Doc: 18

Filed: 12/27/2012

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7376

TONY L. MOORE,
Plaintiff - Appellant,
v.
ANTHONY J. PADULA; MS. BELL; KEITH MCBRIDE; L. GREERDE,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Timothy M. Cain, District Judge.
(5:11-cv-01033-TMC-KDW)

Submitted:

December 20, 2012

Decided:

December 27, 2012

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tony L. Moore, Appellant Pro Se.
Steven Michael Pruitt,
MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South
Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7376

Doc: 18

Filed: 12/27/2012

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PER CURIAM:
Tony L. Moore seeks to appeal the district court’s
order

denying

Appellees’

motion

for

prejudice and with leave to refile.

summary

judgment

without

Appellees move to dismiss

on the ground that Moore has appealed an interlocutory order.
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, 545-46 (1949).

The

order Moore seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.

Accordingly, we

grant Appellees’ motion to dismiss and 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

this

court

and

argument

would

not

aid

the

decisional process.

DISMISSED

2