Williams v. Studivent , 405 F. App'x 803 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2039
JAMES A. WILLIAMS,
Plaintiff - Appellant,
v.
MICHAEL STUDIVENT, Official Capacity; TOMMY STEVENS,
Individual and Official Capacity; DEBORAH LANKFORD,
Individual and Official Capacity; SAMUEL LANKFORD,
Individual and Official Capacity; LANKFORD PROTECTIVE
SERVICES, Official Capacity,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:09-cv-00414-TDS-WWD)
Submitted: December 16, 2010 Decided: December 22, 2010
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James A. Williams, Appellant Pro Se. Michael Studivent,
Appellee Pro Se; William L. Hill, FRAZIER, FRANKLIN, HILL &
FURY, RLLP, Greensboro, North Carolina; Sarah Helen Roane,
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Greensboro, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James A. Williams seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation and
dismissing his 42 U.S.C. § 1983 (2006) complaint against
Defendants Samuel Lankford, Deborah Lankford, and Lankford
Protective Services. 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). Because the district court has not
adjudicated all of Williams’s claims against all the Defendants,
the order Williams 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 the court and
argument would not aid the decisional process.
DISMISSED
2