Rankins v. Rowland , 200 F. App'x 207 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6839
MICHAEL RANKINS,
Plaintiff - Appellant,
versus
DENNIS ROWLAND; MICHAEL A. MUNNS; RICHARD T.
JONES; BOBBY MONTAGUE; J. A. REID; SHARON
SNIDER; NURSE CRAIG,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (5:05-ct-00621-FL)
Submitted: August 14, 2006 Decided: August 29, 2006
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Rankins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Rankins appealed the district court’s order
granting his pro se motion to reconsider the dismissal of two
defendants, denying his motion for preliminary injunctive relief,
denying his motion to reconsider dismissal of one defendant,
denying his motion for appointment of counsel, and ordering him to
particularize his claims against some defendants in his § 1983
action. In his action, Rankins sought compensatory and punitive
money damages, declarative relief, a temporary restraining order,
and preliminary injunctive relief. While we grant Rankins leave to
proceed without prepayment of fees under the PLRA, we dismiss this
appeal.
As in his previous appeal before this panel, Rankins v.
Rowland, No. 05-7811, 2006 WL 1836671 (4th Cir. June 27, 2006)
(unpublished), Rankins alleged the ventilation system of the “H-Con
Supermax Unit” in which he was housed at the Butner Correctional
Facility was inadequate because the air contained dust and lint
particles that caused him to have burning eyes, to cough
excessively, and to cough up mucus mixed with blood. He alleged in
his complaint that his grievances were denied in June and July 2005
and that his medical treatment for the cough, chest pain, stomach
pain, vomiting, and blood in his stool was inadequate. He also
claimed he was denied exercise.
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Rankins is now incarcerated in Central Prison in Raleigh,
North Carolina, so his claims for a temporary restraining order and
injunctive relief are now moot, and we dismiss the appeal as to
those claims for that reason. Though Rankins does not complain on
appeal about the district court’s disposition of his claims for
damages (which are not mooted by his transfer) based upon
inadequate medical care and harm from the alleged inadequate
ventilation system at Butner, his appeal as to those claims is
interlocutory. The district court ordered Rankins to particularize
those claims, so the court’s order is not a final, appealable order
in that respect. For these reasons, we dismiss Rankins’ appeal.
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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