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Harvey P. SHORT, Plaintiff-Appellant, v. CHARLOTTE-MECKLENBURG POLICE DEPARTMENT; City of Charlotte, Defendants-Appellees, and B.C. Balamucki, Officer, Defendant

United States Court of Appeals for the Fourth Circuit2001-03-28No. No. 00-7485
11 F. App'x 55

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Opinion

majority opinion

Harvey P. Short appeals a district court order dismissing claims against some, but not all, defendants in Short’s 42 U.S.C.A. § 1983 (West Supp.2000) action. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appeal-able 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.