Wagner v. Johnson
Opinion
Donald Wagner, Jr., timely appealed an order of the district court (1) denying Wagner’s motion for preliminary injunction and (2) ruling on various motions to dismiss and for summary judgment. In its order, the district court did not rule on all claims as to all defendants.
With respect to the denial of preliminary injunctive relief, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Wagner v. Johnson, No. 3:06-ev-00527 (E.D.Va. Sept. 25, 2007).
The remainder of the district court’s order is neither a final order nor an appealable interlocutory or collateral order. 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Accordingly, we dismiss this portion of 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.
*395 AFFIRMED IN PART; DISMISSED IN PART.
Reference
- Full Case Name
- Donald WAGNER, Jr., Plaintiff-Appellant, v. Gene M. JOHNSON, Director, Department of Corrections; Armor Health Services, Health Provider; Dillman, Warden, C.W.C.C.; Gary L. Bass, Department of Corrections; Fred Schilling, Health Service Director; Thomas Parham, Medical Director; Cherian Joseph, Doctor, Defendants—Appellees
- Status
- Unpublished