Audrel Watson, Jr. v. G. Bowles ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7075
    AUDREL JACK WATSON, JR.,
    Plaintiff - Appellant,
    v.
    G. BOWLES, Dr., Dentist; MS. MORELLE, Dental Assistant;
    UNKNOWN NURSE, #1; UNKNOWN NURSE, #2; HAROLD CLARKE,
    Director Virginia Dept. of Corrections; MS. GOODE, Medical
    Administrator; MS. HIGHTOWER, Director of Nursing; WARDEN
    WRIGHT, Warden-Lawrenceville Corrections Center,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Claude M. Hilton, Senior
    District Judge. (1:14-cv-01315-GBL-MSN)
    Submitted:   October 20, 2015             Decided:   October 23, 2015
    Before MOTZ, KEENAN, and THACKER, Circuit Judges.
    Affirmed in part, dismissed in part by unpublished per curiam
    opinion.
    Audrel Jack Watson, Jr., Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Audrel     Jack     Watson,   Jr.,       seeks    to   appeal      the    district
    court’s orders dismissing some of the defendants named in his 
    42 U.S.C. § 1983
     (2012) complaint, denying his motions to appoint
    counsel, to amend his complaint, and for discovery, and denying
    his motion for a preliminary injunction.
    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    portions      of     the    district    court’s         orders
    dismissing some of the named defendants and denying Watson’s
    motions   to     appoint    counsel,     for    discovery,       and   to      amend    his
    complaint are neither final orders nor appealable interlocutory
    or collateral orders.           Accordingly, we dismiss this portion of
    Watson’s appeal for lack of jurisdiction.
    However, the denial of injunctive relief may be immediately
    appealed.       See 
    28 U.S.C. § 1292
    (a)(1) (2012).               Our review of the
    record reveals no abuse of discretion by the district court in
    denying Watson’s motion for a preliminary injunction, and we
    affirm the denial of injunctive relief for the reasons stated by
    the   court.       See    Watson    v.   Clarke,       No.   1:14-cv-01315-GBL-MSN
    (E.D. Va. filed June 2, 2015; entered June 3, 2015).
    2
    We deny Watson’s motion, on appeal, to appoint counsel.                 We
    deny   Watson’s    motion     for   a   certificate       of   appealability   as
    unnecessary.      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.
    AFFIRMED IN PART
    DISMISSED IN PART
    3
    

Document Info

Docket Number: 15-7075

Judges: Motz, Keenan, Thacker

Filed Date: 10/23/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024