William Smith v. Correctional Officer Berlin ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7536
WILLIAM E. SMITH,
Plaintiff - Appellant,
v.
CORRECTIONAL OFFICER BERLIN; CORRECTIONAL OFFICER MARCUM;
CORRECTIONAL OFFICER BLANKENSHIP; CORRECTIONAL OFFICER
GOODWIN; CORRECTIONAL OFFICER VANMETER; CORRECTIONAL OFFICER
LAMBERT; MICHAEL CLARK,
Defendants - Appellees,
and
WEST VIRGINIA REGIONAL JAIL & CORRECTIONAL FACILITY
AUTHORITY; SOUTHWESTERN REGIONAL JAIL; CORRECTIONAL OFFICER
BLEVINS; CORRECTIONAL OFFICER TOOTAL; CORRECTIONAL OFFICER
JANE DOE,
Defendants.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
Chief District Judge. (3:12-cv-07358)
Submitted: January 22, 2015 Decided: January 27, 2015
Before SHEDD, KEENAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William E. Smith, Appellant Pro Se. Tim J. Yianne, MANNION
GRAY, Charleston, West Virginia; John P. Fuller, James William
Marshall, III, BAILEY & WYANT, PLLC, Charleston, West Virginia,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
William E. Smith seeks to appeal the district court’s
order granting partial summary judgment to Appellees on his 42
U.S.C. § 1983 (2012) suit. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2012), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2012);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The order Smith 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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