Hemingway v. Chattman

U.S. Court of Appeals for the Fourth Circuit
Hemingway v. Chattman, 703 F. App'x 199 (4th Cir. 2017)

Hemingway v. Chattman

Opinion of the Court

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jesse Hemingway seeks to appeal the district court’s order dismissing his claims against some of the Defendants in his civil action filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Hemingway 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

Reference

Full Case Name
Jesse HEMINGWAY v. Miss CHATTMAN, H.S.A. Mrs. Scott-Boston, H.S.A. (Trainee) Mrs. Francos, A.H.S.A. Dr. Dicoco, Clinical Director Dr. Piscitelli, Chronic Care Doctor Andrage Yirga, Midlevel Provider Mrs. McCafferthy, Nurse, and Dr. K. Prakash Tonya Mcclellan, MLP/ PA-Health Care Provider Debrah Winbush, MLP/PA-Health Care Provider United States of America
Status
Published