U.S. Court of Appeals for the Fourth Circuit, 2021

Jason Delph v. Prince William County, Virginia

Jason Delph v. Prince William County, Virginia
U.S. Court of Appeals for the Fourth Circuit · Decided August 24, 2021

Jason Delph v. Prince William County, Virginia

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1554

JASON DELPH, Plaintiff - Appellant, v. PRINCE WILLIAM COUNTY, VIRGINIA; BARRY BARNARD, Former Chief of Police of Prince William County Police Department, in his individual capacity; JARAD PHELPS, Deputy Chief of Prince William County Police Department, in his individual capacity; THOMAS GARRITY, Former Captain and Commander of Prince William County Western District Police Station, in his individual capacity; SHAWN PEAK, Lieutenant of Prince William County Western District Police Station, in his individual capacity; PATRICK AIGNER, Lieutenant of Prince William County Western District Police Station, in his individual capacity; PHIL CECERE, Former Captain and Commander of Prince William County Western District Police Station, in his individual capacity; JASON JANECEK, Former Lieutenant at Prince William County Western District Police Station, in his individual capacity; MICHAEL PORTER, First Sergeant at Prince William County Western District Police Station, in his individual capacity, Defendants - Appellees, and DAVID EHRHARDT, Sergeant at Prince William County Western District Police Station, in his individual capacity; MATTHEW SCIABICA, Police Officer at Prince William County Western District Police Station, in his individual capacity; STEPHEN KUHN, Police Officer at Prince William County Western District Police Station, in his individual capacity, Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:20-cv-01086-LMB-IDD)

Submitted: August 19, 2021 Decided: August 24, 2021

Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jason Delph, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jason Delph seeks to appeal the district court’s order dismissing some, but not all, of the claims raised in his civil action. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

The order Delph 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

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