Chauncey Williams v. G. Washington , 530 F. App'x 273 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6156
CHAUNCEY A. WILLIAMS,
Plaintiff - Appellant,
v.
G. K. WASHINGTON; E. DAY, Food Service Manager, N.C.C.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:12-cv-01129-TSE-TRJ)
Submitted: June 20, 2013 Decided: June 25, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chauncey A. Williams, Appellant Pro Se. John Michael Parsons,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chauncey Williams seeks to appeal from the district
court’s orders: (1) dismissing some claims and some Defendants
from his action and directing that the case proceed on Williams’
claim against D. Day regarding lack of wholesome food; and
(2) denying reconsideration of that order. 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
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 this court and
argument would not aid the decisional process.
DISMISSED
*
Although the order denying reconsideration states that it
is a final order for purposes of appeal, because the district
court did not make an express determination that there was “no
just reason for delay” pursuant to Fed. R. Civ. P. 54(b), the
order is not an appealable order.
2