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    United States Court of Appeals, Fourth Circuit

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    1. This document is an unpublished ruling from the United States Court of Appeals for the Fourth Circuit from 1994 dismissing an appeal in the case of Cornelius Tucker, Jr. v. various prison officials. 2. The Court dismissed the appeal because the district court's order dismissing portions of Tucker's Section 1983 complaint was not a final judgment or appealable interlocutory order as required for the Court of Appeals to exercise jurisdiction. 3. As the district court's order was neither final nor appealable, the Court of Appeals dismissed the appeal as interlocutory.

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    United States Court of Appeals, Fourth Circuit

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    1. This document is an unpublished ruling from the United States Court of Appeals for the Fourth Circuit from 1994 dismissing an appeal in the case of Cornelius Tucker, Jr. v. various prison officials. 2. The Court dismissed the appeal because the district court's order dismissing portions of Tucker's Section 1983 complaint was not a final judgment or appealable interlocutory order as required for the Court of Appeals to exercise jurisdiction. 3. As the district court's order was neither final nor appealable, the Court of Appeals dismissed the appeal as interlocutory.

    Original Description:

    Filed: 1994-08-16 Precedential Status: Non-Precedential Citations: 33 F.3d 52 Docket: 94-6609

    Original Title

    Cornelius Tucker, Jr. v. Sergeant Dougherty Custodian Hinnet Custodian Dyke Gary Dixon Lynn C. Phillips Sergeant Lassiter James Taylor, Manager Doctor Baloch Doctor Sadat Lieutenant Wilkinson Lieutenant Walker Deputy Warden French Franklin E. Freeman, Jr. Correctional Officer Libon Correctional Officer Williams Correctional Officer Smith Correctional Officer Barbour, 33 F.3d 52, 4th Cir. (1994)

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    1. This document is an unpublished ruling from the United States Court of Appeals for the Fourth Circuit from 1994 dismissing an appeal in the case of Cornelius Tucker, Jr. v. various prison officials. 2. The Court dismissed the appeal because the district court's order dismissing portions of Tucker's Section 1983 complaint was not a final judgment or appealable interlocutory order as required for the Court of Appeals to exercise jurisdiction. 3. As the district court's order was neither final nor appealable, the Court of Appeals dismissed the appeal as interlocutory.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    73 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    1. This document is an unpublished ruling from the United States Court of Appeals for the Fourth Circuit from 1994 dismissing an appeal in the case of Cornelius Tucker, Jr. v. various prison officials. 2. The Court dismissed the appeal because the district court's order dismissing portions of Tucker's Section 1983 complaint was not a final judgment or appealable interlocutory order as required for the Court of Appeals to exercise jurisdiction. 3. As the district court's order was neither final nor appealable, the Court of Appeals dismissed the appeal as interlocutory.

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    of 2

    33 F.

    3d 52

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Cornelius TUCKER, Jr., Plaintiff Appellant,
    v.
    Sergeant DOUGHERTY; Custodian Hinnet; Custodian Dyke;
    Gary Dixon; Lynn C. Phillips; Sergeant Lassiter; James
    Taylor, Manager; Doctor Baloch; Doctor Sadat; Lieutenant
    Wilkinson; Lieutenant Walker; Deputy Warden French;
    Franklin E. Freeman, Jr.; Correctional Officer Libon;
    Correctional Officer Williams; Correctional Officer Smith;
    Correctional Officer Barbour, Defendants Appellees.
    No. 94-6609.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 19, 1994.
    Decided Aug. 16, 1994.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-93-764CRT-BR)
    Cornelius Tucker, Jr., appellant pro se.
    E.D.N.C.
    DISMISSED.
    Before HALL, LUTTIG, and WILLIAMS, Circuit Judges.
    PER CURIAM:

    Appellant appeals the district court's order dismissing portions of his 42 U.S.C.
    Sec. 1983 (1988) complaint. We dismiss the appeal for lack of jurisdiction
    because the order is not appealable. This Court may exercise jurisdiction only
    over final orders, 28 U.S.C. Sec. 1291 (1988), and certain interlocutory and
    collateral orders, 28 U.S.C. Sec. 1292 (1988); Fed.R.Civ.P. 54(b); Cohen v.
    Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is
    neither a final order nor an appealable interlocutory or collateral order.

    We dismiss the appeal as interlocutory. 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

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