Whiteman v. Phillips ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7094
THOMAS CAMERON WHITEMAN, Ph.D., Economist,
Plaintiff - Appellant,
versus
ROGER M. PHILLIPS, M.D., Acting Director;
SUPERINTENDENT CHERRY,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-00-466-3)
Submitted: November 20, 2002 Decided: January 10, 2003
Before WILKINS, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Cameron Whiteman, Appellant Pro Se. Edward Joseph McNelis,
III, Coreen Antoinette Bromfield, RAWLS & MCNELIS, P.C., Richmond,
Virginia; Samuel Lawrence Dumville, Virginia Beach, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas C. Whiteman seeks to appeal from the district court’s
order granting summary judgment and dismissing all claims against
Defendant Roy Cherry. A 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); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
Because the order Whiteman seeks to appeal did not resolve all of
the claims against all of the parties, it 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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