USCA4 Appeal: 23-6086 Doc: 18 Filed: 12/04/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6086

DAVID N. FIREWALKER-FIELDS,

Plaintiff - Appellant,

v.

CHADWICK DOTSON, Director of Virginia Department of Corrections; MR. DAVID NEWCOMER, Warden, Augusta Corr. Center,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Michael F. Urbanski, Chief District Judge. (7:22-cv-00596-MFU-JCH)

Submitted: November 7, 2023 Decided: December 4, 2023

Before GREGORY, THACKER, and RICHARDSON, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion. Judge Richardson dissented.

David Nighthorse Firewalker-Fields, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6086 Doc: 18 Filed: 12/04/2023 Pg: 2 of 3

PER CURIAM:

David N. Firewalker-Fields seeks to appeal the district court’s order dismissing

without prejudice his

complaint. This court may exercise jurisdiction

only over final orders,

, and certain interlocutory and collateral orders,

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

(1949). “Ordinarily, a district court order is not final until it has resolved all claims

as to all parties.” Porter v. Zook,

(4th Cir. 2015) (internal quotation

marks omitted).

Our review of the record reveals that the district court did not adjudicate all of the

claims alleged in Firewalker-Fields’ complaint.

. Specifically, the district

court never resolved Firewalker-Fields’ claim that defendant Harold W. Clarke—who has

since been replaced by Chadwick Dotson—had violated his Fifth Amendment rights by

refusing to allow him to transfer money in his inmate trust account to a bank. * We thus

conclude that the order Firewalker-Fields seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack

* Firewalker-Fields’ complaint alleged a Fifth Amendment claim with two parts: (1) Clarke unlawfully retained the interest earned on funds in Firewalker-Fields’ inmate trust account, and (2) Clarke unlawfully refused Firewalker-Fields’ request to transfer the money in his inmate trust account to a bank. The district court considered the first part but not the second part. Although Firewalker-Fields’ complaint dedicated much more attention to the first part, the complaint clearly alleged the second part. Firewalker-Fields even attached prison grievances to his complaint concerning his inability to transfer the money in his inmate trust account to a bank.

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of jurisdiction and remand to the district court for consideration of the unresolved claim.

.

We also deny as moot Firewalker-Fields’ motion for a preliminary injunction and

deny Firewalker-Fields’ petition for an initial hearing en banc. 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 AND REMANDED

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