Lee v. Gurney ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7998
JAMES LOUIS LEE, JR.,
Plaintiff - Appellant,
v.
PATRICK GURNEY, Assistant Warden, Nottoway Correctional
Center, in Official and Individual Capacity; FRED SCHILLING,
M.D., Director, in Official and Individual Capacity; HARVARD
STEPHENS, M.D., Chief Physician, in Official and Individual
Capacity,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:08-cv-00161-RLW)
Submitted: January 14, 2010 Decided: January 22, 2010
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Louis Lee, Jr., Appellant Pro Se. William W. Muse,
Assistant Attorney General, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Lee, Jr., seeks to appeal the district court’s
grant of summary judgment in favor of defendants Patrick Gurney,
Fred Schilling, and Harvard Stephens. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2006),
and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). Because proceedings
are ongoing as to one defendant in the district court, and the
district court did not direct entry of judgment as to the other
parties pursuant to Fed. R. Civ. P. 54(b), the order Lee seeks
to appeal is neither a final order nor an appealable
interlocutory or collateral order. See Robinson v. Parke-Davis
& Co., 685 F.2d 912, 913 (4th Cir. 1982). Accordingly, we deny
Lee’s motion to appoint 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 the court and argument would not aid the
decisional process.
DISMISSED
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