U.S. Court of Appeals for the Fourth Circuit, 2008

Wagner v. Johnson

Wagner v. Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided February 11, 2008 · Wilkinson, Motz, Traxler
263 F. App'x 394

Wagner v. Johnson

Opinion

PER CURIAM:

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.

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