James Roudabush, Jr. v. Lt. Josiah

U.S. Court of Appeals for the Fourth Circuit

James Roudabush, Jr. v. Lt. Josiah

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7667

JAMES LESTER ROUDABUSH, JR.,

Plaintiff - Appellant,

v.

LT. JOSIAH; SGT. JESSUP; CHIEF STERN; DEPUTY STERN; CAPT. MILANO; DANA LAWHORNE, Sherriff,

Defendants – Appellees,

and

A. ANDERSON, AUSA; C. M. HILTON, Usdc-Edva,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:13-cv-00467-RBS-TEM)

Submitted: January 5, 2015 Decided: January 16, 2015

Before DUNCAN and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Lester Roudabush, Jr., Appellant Pro Se. Broderick Coleman Dunn, Alexander Francuzenko, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

James Lester Roudabush, Jr. — a federal pretrial

detainee — seeks to appeal the district court’s September 19,

2014 order granting his motion to reopen and vacating its prior

order of dismissal, denying his motion to recuse, denying his

motion relating to the withdrawal of funds from his inmate

account, denying his motions to expedite, dismissing two

defendants, and requesting that the remaining defendants return

waivers of service. This court may exercise jurisdiction only

over final orders,

28 U.S.C. § 1291

(2012), and certain

interlocutory and collateral orders,

28 U.S.C. § 1292

(2012);

Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,

337 U.S. 541, 545-47

(1949). The order Roudabush 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 this court and argument would not aid the

decisional process.

DISMISSED

3

Reference

Status
Unpublished