Aaron Wayne Pellum v. STAN BURTT, Warden of Lieber Correctional Institution

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6739
AARON WAYNE PELLUM,
Plaintiff - Appellant,
v.
STAN BURTT, Warden of Lieber Correctional Institution; NFN
BODISON, Associate Warden; NFN THOMPSON, Associate Warden; NFN
NETTLES, Major; NFN ELKA, Lieutenant; G. ANTLEY, Investigator
at Lieber Correctional Institution; NFN NUNLEY, Captain; NFN
SMITH, Doctor, all sued in their individual and official
capacity; L. CARRINGTON, Institutional Grievance Coordinator
at Lieber Correctional Institution, sued in her individual
capacity and official capacity,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Joseph F. Anderson, Jr., Chief
District Judge. (9:05-cv-03339-JFA)
Submitted: September 11, 2008 Decided: October 1, 2008
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Aaron Wayne Pellum, Appellant Pro Se. Eugene P. Corrigan, III,
Jacqueline Gottfried Grau, GRIMBALL & CABANISS, Charleston, South
Carolina, for Appellees.

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2
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Aaron Wayne Pellum seeks to appeal the district court’s
order accepting in part and rejecting in part the magistrate
judge’s recommendation and denying his motion for summary judgment
and denying in part and granting in part the Defendants’ motion for
summary judgment in this 42 U.S.C. § 1983 (2000) action. 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 Pellum seeks to
appeal is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we grant the Appellees’ motion and
dismiss the appeal for lack of jurisdiction. We deny Pellum’s
motions for appointment of counsel, a transcript at government
expense, to stay the proceedings, and for oral argument. 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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