Townsend v. Baskerville ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7514
BRUCE E. KENNEY; MILTON TOWNSEND,
Plaintiffs - Appellants,
and
JAMES W. TAYLOR,
Plaintiff,
versus
ALTON BASKERVILLE, Warden; THOMAS F. NEUMAYER;
DOROTHY COLLINS, Chief, Operations of
Classification & Records Unit; SHANDA DAWKINS,
Senior Counselor/Program Supervisor; P.E.
ANDERSON, Corporal, Correctional Officer; P.M.
HENICK, Regional Ombudsman; SARGEANT LEE;
OFFICER WEST, CAPTAIN SCOTT; OFFICER MULLINS;
LIEUTENANT BEST; MIKE MORLEY, Chaplain,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-03-549)
Submitted: August 25, 2005 Decided: August 30, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bruce E. Kenney, Milton Townsend, Appellants Pro Se. Susan Foster
Barr, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Bruce E. Kenney and Milton Townsend seek to appeal the
district court’s order dismissing several claims and defendants in
their 42 U.S.C. § 1983 (2000) action. The order did not dismiss
all parties and claims. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000). See
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337
U.S. 541 (1949). The order Kenney and Townsend seek 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
the court and argument would not aid the decisional process.
DISMISSED
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