Marlon Canady v. Roderic Tuell

U.S. Court of Appeals for the Fourth Circuit

Marlon Canady v. Roderic Tuell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7685

MARLON CANADY,

Plaintiff - Appellant,

v.

RODERIC L. TUELL, Building Manager, Unit Manager, employed at Sussex One State Prison, sued individually and official capacity; BENJAMIN T. ULEP, Doctor, employed at Sussex One State Prison, sued individually and official capacity; EDDIE PEARSON, Warden, employed at Sussex One State Prison, sued individually and official capacity; VANCAMP, Sergeant (Male), employed at Sussex One State Prison, sued individually and official capacity; GREGORY HOLLOWAY, Warden, employed at Wallens Ridge state Prison, sued individually and official capacity; M. STANFORD, Medical Administrator, employed at Wallens Ridge state Prison, sued individually and official capacity; DANIEL MILLER, Doctor, employed at Wallens Ridge state Prison, sued individually and official capacity; SABRINA LOGAN, Sergeant (female), employed at Sussex One State Prison, sued individually and official capacity; JERRY D. OATES, United Manager, employed at Sussex One State Prison, sued individually and official capacity,

Defendants – Appellees,

and

HAROLD CLARKE, Director of Department of Corrections, sued individually and official capacity; LOGAN, Sergeant (female), employed at Sussex One State Prison, sued individually and official capacity; JANE DOE, Medical Administrator, employed at Sussex One State Prison, sued individually and official capacity; J. D. OATES, United Manager, employed at Sussex One State Prison, sued individually and official capacity; K. LAMB, Correctional Officer, employed at Wallens Ridge state Prison, sued individually and official capacity; FRED SCHILLINGS, Director of the Virginia Department of Corrections Medical Health Services, sued individually and official capacity,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:14-cv-00420-REP-RCY)

Submitted: February 25, 2016 Decided: March 1, 2016

Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Marlon Canady, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Marlon Canady seeks to appeal the district court’s order

dismissing some, but not all, of his claims raised under

42 U.S.C. § 1983

(2012). 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 Canady seeks to appeal is neither a final

order nor an appealable interlocutory or collateral order.

Accordingly, we deny Canady’s motion for appointment of counsel

and 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