Court of Appeals for the Fourth Circuit November 9, 2004, No. 04-2036 (Byrd v. Garner Police Department)

PER CURIAM.

Leslie Wayne Byrd appeals from a district court order dismissing his 42 U.S.C. § 1983 (2000) claims against the State of North Carolina as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) (2000). The court permitted Byrd to proceed with claims against the other parties. We dismiss the appeal for lack of jurisdiction because the order is not appealable.