Butts v. Dept of Corrections

U.S. Court of Appeals for the Fourth Circuit

Butts v. Dept of Corrections

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7369

RONALD F. BUTTS

Plaintiff - Appellant,

versus

DEPARTMENT OF CORRECTIONS; CENTRAL CLASSIFI- CATION BUREAU, Officials; DILLWYN CORRECTIONAL CENTER, Regional Director/Officials; L. W. HUFFMAN; LISA EDWARDS; J. PERUTELLI; F. S. TAYLOR; D. S. LEWIS; MS. LEHMAN; PEGGY NEWTON; DR. RAMSEY; R. A. FARMER; LIEUTENANT MASON; LIEUTENANT MOSELY; SERGEANT ZUMBRO; CORREC- TIONAL OFFICER MEINHARD; CORRECTIONAL OFFICER WATSON; J. BOWMAN, Correctional Officer; COR- RECTIONAL OFFICER BLOUNT; CORRECTIONAL OFFICER HURT; L. L. WHITE; R. FELDMAN; MS. WILCHER,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia. Jackson L. Kiser, Senior District Judge. (CA-01-161-7)

Submitted: October 18, 2001 Decided: October 30, 2001

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion. Ronald F. Butts, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Ronald F. Butts appeals the district court’s order dismissing

all but one of the claims in his § 1983 action. We dismiss the

appeal for lack of jurisdiction because the order is not appeal-

able. This court may exercise jurisdiction only over final orders,

28 U.S.C. § 1291

(1994), and certain interlocutory and collateral

orders,

28 U.S.C. § 1292

(1994); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

337 U.S. 541

(1949). The order here

appealed is neither a final order nor an appealable interlocutory

or collateral order.

We dismiss the appeal as interlocutory. 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

2

Reference

Status
Unpublished