Williams v. Mathena

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 10, 2011
• Docket: 10-7686
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7686

DAVID W. WILLIAMS,

Plaintiff – Appellant,

v.

R. C. MATHENA, Warden; J. KISER, Assistant Warden; MR. BAKER, Psychologist; D. VASS, ICA Classification Director; CENTRAL CLASSIFICATION, Name Unknown; JOHN GARMIN, Regional Director; MR. FORMER, Counselor; ROD WICKER, Chaplain; MAJOR NEWBERRY, Security; CAPTAIN GAYHEART, Security; LIEUTENANT HONAKER, Security; SERGEANT RATLIFF; SERGEANT WHITE; REYNOLDS, C/O; J. VASS, Programs; MILLER, C/O,

Defendants – Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:10-cv-00404-jlk-mfu)

Submitted: January 25, 2011 Decided: March 10, 2011

Before NIEMEYER, MOTZ, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David W. Williams, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees Ratliff and Miller.

Unpublished opinions are not binding precedent in this circuit.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

David W. Williams seeks to appeal the district court’s

order dismissing some of his claims. This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2006),

and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541, 545-46 (1949). The order Williams

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