Jones v. Barnes

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 16, 2005
• Docket: 05-1603
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1603

CLARENCE EVERETT JONES, SR., individually and on behalf of all present and future inmates in the Dorchester County Jails in Summerville, South Carolina and in St. George, South Carolina,

Plaintiff - Appellant,

versus

JOHN R. BARNES, Jail Administrator; A. PASTOR, Captain, Detention Center Commander; S. GREEN, First Lieutenant and Detention Supervisor; J. WASHINGTON, First Lieutenant and Administrative Officer; L. CARMICHAEL, Lieutenant; C. HEYWARD, Lieutenant; S. EVERETT, Lieutenant; L. HAYNES, Lieutenant and Jail Team Commander; DORCHESTER COUNTY; RANDY SCOTT, Chairman; SKIP ELLIOT; CHRIS MURPHY; LARRY HARGETT; RICHARD ROSEBROCK, Dorchester County Council Member; RAY NASH, Dorchester County Sheriff; TARA RICHARDSON, City Magistrate of Dorchester County in her official capacity, Chairman,

Defendants - Appellees,

and

KERRY MITCHELL CARN, individually,

Defendant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, District Judge. (CA-04-2527-2-MBS)

Submitted: August 29, 2005 Decided: September 16, 2005

Before NIEMEYER, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clarence Everett Jones, Sr., Appellant Pro Se. James Albert Stuckey, Jr., Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Clarence Everett Jones, Sr., seeks to appeal the district

court’s order denying an extension of the discovery period and

dismissing one defendant in his 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 order Jones

seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. 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 the court and argument would not aid the

decisional process.

DISMISSED

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