Eric Morrison v. C. Meyer

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 27, 2023
• Docket: 23-6223
• Status: Unpublished

Opinion

USCA4 Appeal: 23-6223 Doc: 9 Filed: 06/27/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6223

ERIC MORRISON,

Plaintiff - Appellant,

v.

NURSE C. MEYER; TAMARA LYN,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:21-ct-03132-FL)

Submitted: June 22, 2023 Decided: June 27, 2023

Before HARRIS and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

Eric Wilford Morrison, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6223 Doc: 9 Filed: 06/27/2023 Pg: 2 of 2

PER CURIAM:

Eric Morrison seeks to appeal the district court’s order dismissing his amended

Bivens ∗ complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). This

court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain

interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). “Ordinarily, a district court

order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d

694, 696 (4th Cir. 2015) (internal quotation marks omitted).

Our review of the record reveals that the district court did not adjudicate all of the

claims raised in the complaint. Id. at 696-97. Specifically, the court failed to address

Morrison’s allegation that Nurse Meyer’s failure to administer the medication prescribed

at the hospital caused severe issues in his right eye and another hospitalization. We

conclude that the order Morrison seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction

and remand to the district court for consideration of the unresolved claim. Id. at 699.

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 AND REMANDED

∗ Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).