Brian Farabee v. Harold Clarke , 686 F. App'x 154 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7723
BRIAN FARABEE,
Plaintiff - Appellant,
v.
HAROLD CLARKE, Director of the Virginia Department of Corrections; ERIC
MADSEN, Psychologist II; A. DAVID ROBINSON, Chief of Corrections
Operations (“CCO”); M. CARRY, M.D., Psychiatrist; THE VIRGINIA
DEPARTMENT OF CORRECTIONS, (VA DOC),
Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Michael F. Urbanski, District Judge. (7:16-cv-00325-MFU-RSB)
Submitted: April 18, 2017 Decided: April 24, 2017
Before GREGORY, Chief Judge, and Shedd and Duncan, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brian Damon Farabee, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant
Attorney General, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brian Farabee seeks to appeal the district court’s order denying his motion for
injunctive relief by declaratory judgment. 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 that Farabee 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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