Wilson v. Johnson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6329

LEE O. WILSON, JR.,

Plaintiff – Appellant,

v.

GENE JOHNSON, Director of Department of Corrections; DORIS EWING, Court and Legal Supervisor; EDWARD MEEKS, Superintendent Cold Springs Work Center,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cv-00165-LMB-JFA)

Submitted: June 24, 2010 Decided: June 30, 2010

Before DUNCAN, AGEE, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lee O. Wilson, Jr., Appellant Pro Se. John Michael Parsons, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Lee O. Wilson, Jr., seeks to appeal the district

court’s order directing the parties to respond to whether

Wilson’s 42 U.S.C. § 1983 (2006) claim is moot. 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

Wilson 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