Opinion
Nos. 10-6859, 10-7676.
Submitted: April 26, 2011.
Decided: May 12, 2011.
Appeals from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd; Richard M. the court and argument would not aid the Gergel, District Judges. (6:09-cv-02551 decisional process. HFF; 6:09-cv-02551-RMG).
David Farrell Sullivan, Appellant Pro Se. Andrew Todd Darwin, Holcombe, Bomar, Gunn Bradford, PA, Spartanburg, South Carolina, for Appellees.
Before WILKINSON, SHEDD, and AGEE, Circuit Judges.
No. 10-6859 dismissed; No. 10-7676 affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
In No. 10-6859, David Farrell Sullivan appeals the district court's orders denying his motion pursuant to Federal Rule of Civil Procedure 56(f) in his action pursuant to 42 U.S.C. § 1983 (2006). 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the district court's order denying Sullivan's Rule 56(f) motion was neither a final order nor an appealable interlocutory or collateral order, we dismiss the appeal of that order for lack of jurisdiction.
In No. 10-7676, Sullivan appeals the district court's order granting summary judgment to Appellees. Our review of the record reveals no reversible error. Accordingly, we affirm that order for the reasons stated by the district court. Sullivan v. Wells, No. 6:09-cv-02551-RMG, 2010 WL 4156439 (D.S.C. Oct. 19, 2010).
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.
No. 10-6859 DISMISSED.
No. 10-7676 AFFIRMED.