Joseph P. PNIEWSKI, Plaintiff-Appellant, v. Marjorie MARTORELLA, individually and in her official capacity as special prosecutor of Wayne County; Wayne County Commission; West Virginia Prosecuting Attorneys, Defendants-Appellees, 155 F. App'x 718

PER CURIAM: Joseph P. Pniewski seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and dismissing the West Virginia Prosecuting Attorneys Institute from the case, dismissing all claims against Marjorie Martorella in her official capacity, and dismissing the federal claims against Martorella in her individual capacity. The case is proceeding on Pniewski’s state law claims against Martorella in her individual capacity and his claims against the Wayne County Commission.

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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Pniewski 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 the court and argument would not aid the decisional process. DISMISSED