Marshall v. Abbasi

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 25, 2004
• Docket: 03-7605
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7605

KALVIN MARSHALL,

Plaintiff - Appellant,

versus

DOCTOR ABBASI; Medical Doctor; MS. STAZEWSKI, Medical Nurse,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-02-517-AM)

Submitted: February 19, 2004 Decided: February 25, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kalvin Marshall, Appellant Pro Se. John David McChesney, RAWLS & MCNELIS, P.C., Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Kalvin Marshall seeks to appeal the district court’s

adverse grant of summary judgment and entry of judgment in favor of

Dr. Abbasi in Marshall’s action filed pursuant to 42 U.S.C. § 1983

(2000). 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 Marshall 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 deny Marshall’s

motion for appointment of counsel because this appeal presents no

complex or substantial issue of law. 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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