Dodson v. Kaine

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 4, 2011
• Docket: 10-7229
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7229

MELVIN C. DODSON,

Movant - Appellant,

and

LARRY E. PATTERSON; ELMO A. REID, JR.; JAMES R. CLARK,

Plaintiffs,

v.

TIMOTHY M. KAINE, Governor of the State of Virginia, sued in his official and individual capacity; JOHN W. MARSHALL, Secretary of Public Safety of Virginia, sued in his official and individual capacity; HELEN F. FAHEY, Chairperson of the Virginia Parole Board, sued in her official and individual capacity,

Defendants,

DEREK T. FRITZINGER,

Movant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00490-JRS)

Submitted: December 21, 2010 Decided: January 4, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Melvin C. Dodson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Melvin C. Dodson seeks to appeal the district court’s

order denying a Fed. R. Civ. P. 60(b) motion for reconsideration

of its prior order adopting the magistrate judge’s

recommendation and dismissing a 42 U.S.C. § 1983 (2006) civil

rights action. However, because Dodson was not a party to or an

intervenor in the § 1983 action, * he lacks standing to challenge

this order on appeal. See Davis v. Scott, 176 F.3d 805, 807-08

(4th Cir. 1999). Accordingly, we dismiss this 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

* Dodson’s motion to join the lawsuit was denied as moot on March 11, 2010.