Randolph v. Kelly ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7447
ALBERT RANDOLPH,
Plaintiff – Appellant,
v.
LORETTA KELLY, Warden-Chief; KEITH DAWKINS, Unit Manager
Housing Unit 4; R. WALLACE, Treatment Program Supervisor; D.
JONES/SHIFTLETT, Mrs., former TPS; D. HUDSON, Grievance
Coordinator; D. BERNADO, Mrs., Grievance Office/Designer;
WITT, Mrs., Offender Records/Designer; BAILEY, Mrs., Medical
Administrator; WEBB, Mrs., LPN Nurse; G.F. SIVELS, Mrs.,
Regional Ombudsman; DAVID ROBINSON, Regional Director;
EVANS, Mrs., Offender Records, Designee,
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-00708-RLW)
Submitted: December 16, 2010 Decided: December 29, 2010
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Albert Randolph, Appellant Pro Se. William W. Muse, Assistant
Attorney General, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Albert Randolph seeks to appeal the district court’s
order denying his motion for summary judgment on his 42 U.S.C.
§ 1983 (2006) complaint. 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). The order Randolph seeks to appeal
is neither a final order nor an appealable interlocutory or
collateral order. Accordingly, we deny Randolph’s motion for
transcript at government expense 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
2