Young v. Thompson

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 1, 2011
• Docket: 11-6081
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6081

LARRY ARNOLD YOUNG,

Plaintiff - Appellant,

v.

D. THOMPSON, Correctional Officer; DURANKO, S.I.S. Technician; D. SHAW, Lieutenant; UNKNOWN MAIL ROOM PERSONNEL; D. YOST, I.S.O.,

Defendants – Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:10-cv-00066-JPB-JSK)

Submitted: May 26, 2011 Decided: June 1, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Arnold Young, Appellant Pro Se. Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Larry Arnold Young seeks to appeal the district

court’s order adopting the magistrate judge’s recommendation and

denying his motion for entry of default judgment. 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 Young 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