Curry v. Weiford

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 24, 2005
• Docket: 04-2476
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-2476

JUDY CURRY,

Plaintiff - Appellant,

versus

WALTER W. WEIFORD, personally and in his official capacity as Prosecuting Attorney of Pocahontas County, West Virginia; ROBERT A. ALKIRE, personally and in his official capacity as Sheriff of Pocahontas County, West Virginia; DAVID A. WALTON, personally and in his official capacity as Deputy Sheriff of Pocahontas County, West Virginia; COUNTY COMMISSION OF POCAHONTAS COUNTY, WEST VIRGINIA, et al.,

Defendants - Appellees.

No. 04-2479

WALTER WEIFORD, personally and in his official capacity as Prosecuting Attorney of Pocahontas County, West Virginia; ROBERT A. ALKIRE, personally and in his official capacity as Sheriff of Pocahontas County, West Virginia; DAVID A. WALTON, personally and in his official capacity as Deputy Sheriff of Pocahontas County, West Virginia; COUNTY COMMISSIONERS OF POCAHONTAS COUNTY, WEST VIRGINIA,

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (CA-03-115-2)

Submitted: May 19, 2005 Decided: May 24, 2005

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Judy Curry, Appellant Pro Se. Duane Joseph Ruggier, II, PULLIN, FOWLER & FLANAGAN, PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Judy Curry seeks to appeal the district court’s orders

denying her motion for permissive joinder, under Fed. R. Civ. P.

20(a), and for modification of a discovery order filed in her

underlying 42 U.S.C. § 1983 (2000) action. 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 orders Curry seeks to appeal are

neither final orders nor an appealable interlocutory or collateral

orders. Accordingly, we dismiss the appeal for lack of

jurisdiction and deny Curry’s pending motion to remand. We deny

Curry’s motion for 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

- 3 -