Opinion
No. 11-1356.
Submitted: July 21, 2011.
Decided: July 25, 2011.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge (2:09-cv-01272).
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Rodney E. Hays, Appellant Pro Se. Vaughn Sizemore, BAILEY WYANT, PLLC, Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Rodney E. Hays seeks to appeal the district court's order granting partial summary judgment to defendants on his 42 U.S.C. § 1983 (2006) complaint. 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 Hays 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