Frank Durand Tomlin v. Todd E. Ishee

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7208
FRANK DURAND TOMLIN,
Plaintiff - Appellant,
v.
TODD E. ISHEE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, Chief District Judge. (5:20-ct-03109-BO)
Submitted: November 19, 2020 Decided: November 24, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank Durand Tomlin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Frank Durand Tomlin seeks to appeal the district court’s order dismissing some of
his allegations under 28 U.S.C. § 1915(e)(2)(B)(ii) but allowing one of his claims to
proceed. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and
certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Tomlin
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 dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
DISMISSED

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