William Smith v. Correctional Officer Berlin

U.S. Court of Appeals for the Fourth Circuit

William Smith v. Correctional Officer Berlin

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7536

WILLIAM E. SMITH,

Plaintiff - Appellant,

v.

CORRECTIONAL OFFICER BERLIN; CORRECTIONAL OFFICER MARCUM; CORRECTIONAL OFFICER BLANKENSHIP; CORRECTIONAL OFFICER GOODWIN; CORRECTIONAL OFFICER VANMETER; CORRECTIONAL OFFICER LAMBERT; MICHAEL CLARK,

Defendants - Appellees,

and

WEST VIRGINIA REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY; SOUTHWESTERN REGIONAL JAIL; CORRECTIONAL OFFICER BLEVINS; CORRECTIONAL OFFICER TOOTAL; CORRECTIONAL OFFICER JANE DOE,

Defendants.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, Chief District Judge. (3:12-cv-07358)

Submitted: January 22, 2015 Decided: January 27, 2015

Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion. William E. Smith, Appellant Pro Se. Tim J. Yianne, MANNION GRAY, Charleston, West Virginia; John P. Fuller, James William Marshall, III, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

William E. Smith seeks to appeal the district court’s

order granting partial summary judgment to Appellees on his

42 U.S.C. § 1983

(2012) suit. 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, 545-46

(1949). The order Smith 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Unpublished