Pierce v. Freeman ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7586
RICKY A. PIERCE,
Plaintiff - Appellant,
and
JEFFERY S. HOLCOMB; HOWARD C. BROOKS,
Plaintiffs,
versus
FRANKLIN FREEMAN; LYNN PHILLIPS; L. W. PARKER;
D. WEAVER; E. MCCULLEN; T. OUTLAW; C. WYNN;
V. JOHNSON; TAYLOR, Program Assistant,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-96-386-5-H)
Submitted: January 9, 1997 Decided: January 24, 1997
Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ricky A. Pierce, Appellant Pro Se. William McBlief, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.
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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ricky A. Pierce appeals the district court's order granting
Defendants' motion to strike as plaintiffs Jeffery Holcomb and
Howard Brooks for failure to sign the complaint and denying
Pierce's motion for summary judgment. 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.
§ 1291 (1994), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (1994); 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 and deny Appellant's
motion for stay pending appeal. 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 deci-
sional process.
DISMISSED
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