Dustin Wilson v. Lieutenant Tincher

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 22, 2016
• Docket: 16-6559
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6559

DUSTIN C. WILSON,

Plaintiff - Appellant,

v.

LIEUTENANT TINCHER; SERGEANT LUNDY; WARDEN WRIGHT; GRIEVANCE COUNSELOR WALLS; NURSE PAYNE,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, Senior District Judge. (7:15-cv-00134-NKM-RSB)

Submitted: July 21, 2016 Decided: July 22, 2016

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dustin Chase Wilson, Appellant Pro Se. Nancy Hull Davidson, Assistant Attorney General, Richmond, Virginia; Rosalie Fessier, TIMBERLAKE, SMITH, THOMAS & MOSES, PC, Staunton, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Dustin C. Wilson seeks to appeal the district court’s order

granting one defendant’s motion to dismiss and granting in part

and denying in part the remaining defendants’ motion for summary

judgment. This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and

collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-

46 (1949). The order Wilson seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order. See

Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.

1982). 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 this court and argument would not aid the decisional

process.

DISMISSED