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  • Schaeffer v. Jacobs, 4th Cir. (2002)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Robert Schaeffer appealed the dismissal of his 42 U.S.C. § 1983 action against two of four defendants in the district court. However, the order dismissing two defendants was not final, as it did not resolve all claims against all parties. As such, the Fourth Circuit found it did not have jurisdiction to hear the interlocutory appeal and dismissed the case.

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    Filed: 2002-09-11 Precedential Status: Non-Precedential Docket: 02-7055

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Robert Schaeffer appealed the dismissal of his 42 U.S.C. § 1983 action against two of four defendants in the district court. However, the order dismissing two defendants was not final, as it did not resolve all claims against all parties. As such, the Fourth Circuit found it did not have jurisdiction to hear the interlocutory appeal and dismissed the case.

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    Public Domain
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    3 views2 pages

    Schaeffer v. Jacobs, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Robert Schaeffer appealed the dismissal of his 42 U.S.C. § 1983 action against two of four defendants in the district court. However, the order dismissing two defendants was not final, as it did not resolve all claims against all parties. As such, the Fourth Circuit found it did not have jurisdiction to hear the interlocutory appeal and dismissed the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7055

    ROBERT SCHAEFFER,
    Plaintiff - Appellant,
    versus
    MR. JACOBS, Cecil County Detention Center;
    CORPORAL CHATMAN, Cecil County Detention
    Center; OFFICE OF PROTHONTARY SUPERIOR COURT;
    JUDGE ALFORD, Superior Court,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA02-1952-CCB)

    Submitted:

    September 5, 2002

    Decided:

    September 11, 2002

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Robert Schaeffer, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Robert Schaeffer appeals the dismissal of his action as to two
    of the four Defendants in his 28 U.S.C. 1983 (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 (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 here appealed is neither a final order nor an appealable
    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

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