Darrell Gaines v. LOUIS TOMASETTI, Police Officer at Asheville Police Department

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6885
DARRELL GAINES,
Plaintiff - Appellant,
v.
LOUIS TOMASETTI, Police Officer at Asheville Police
Department; JUSTIN CLINARD, Police Officer at Asheville
Police Department; DARRYL FISHER, Police Officer at
Asheville Police Department; TAMMY BRYSON, Police Officer at
Asheville Police Department; LESLIE K. TORGOW; CURTIS JONES;
LEO MCCABE; LUKE BIGELOW,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Robert J. Conrad,
Jr., Chief District Judge. (1:09-cv-00217-RJC)
Submitted: September 27, 2012 Decided: October 2, 2012
Before MOTZ, DAVIS, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darrell Gaines, Appellant Pro Se. Rendi Lynn Mann-Stadt, WARD &
SMITH, PA, Asheville, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Darrell Gaines seeks to appeal from the district
court’s order dismissing the claims against some, but not all,
of the defendants named in his complaint filed 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 (1949). The order Gaines seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we dismiss the appeal for lack
of jurisdiction. We deny Gaines’ motion for appointment of
counsel. 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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