Harold Boyd, Jr. v. Superintendent J. Haynes

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6500
HAROLD BOYD, JR.,
Petitioner - Appellant,
v.
SUPERINTENDENT J. HAYNES,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (5:07-hc-02081-FL)
Submitted: September 16, 2008 Decided: September 19, 2008
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harold Boyd, Jr., Appellant Pro Se. Mary Carla Hollis, Assistant
Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Harold Boyd, Jr., seeks to appeal the district court’s
order granting summary judgment in favor of Respondent on one of
Boyd’s claims. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
The order Boyd seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we deny
leave to proceed in forma pauperis 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 the court and argument would not aid the decisional process.
DISMISSED

-- 2 of 2 --