Delaney v. Marsh

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6148

GEORGE FREDRICK DELANEY,

Plaintiff – Appellant,

v.

JOHN MARSH, M.D.; CAROLYN MACLAM, Head Nurse; DANIEL BRAXTON, Senior Warden; FRED SCHILLING, M.D., Director of Health Services,

Defendants – Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00465-jlk-mfu)

Submitted: August 26, 2010 Decided: September 1, 2010

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

George Fredrick Delaney, Appellant Pro Se. James Dudley Mayson, TIMBERLAKE, SMITH, THOMAS & MOSES, PC, Staunton, Virginia; Erin Williams Hapgood, GUYNN, MEMMER & DILLON, PC, Salem, Virginia; Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

George Fredrick Delaney seeks to appeal the district

court’s order granting summary judgment in favor of some, but

not all, Defendants and dismissing them from this 42 U.S.C.

§ 1983 (2006) inmate civil rights action. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(2006), and certain interlocutory and collateral orders, 28

U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial

Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order

Delaney seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we

deny Delaney’s motion to amend and 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