Jesse Hemingway v. Miss Chattman ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7269
JESSE HEMINGWAY,
Plaintiff - Appellant,
v.
MISS CHATTMAN, H.S.A.; MRS. SCOTT-BOSTON, H.S.A. (Trainee); MRS.
FRANCOS, A.H.S.A.; DR. DICOCO, Clinical Director; DR. PISCITELLI,
Chronic Care Doctor; ANDRAGE YIRGA, Midlevel Provider; MRS.
MCCAFFERTHY, Nurse,
Defendants - Appellees,
and
DR. K. PRAKASH; TONYA MCCLELLAN, MLP/PA - Health Care Provider;
DEBRAH WINBUSH, MLP/PA - Health Care Provider; UNITED STATES OF
AMERICA,
Defendants.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:17-cv-00208-TSE-MSN)
Submitted: November 16, 2017 Decided: November 21, 2017
Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jesse Hemingway, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jesse Hemingway seeks to appeal the district court’s order dismissing his claims
against some of the Defendants in his civil action filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort
Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (2012). 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 order Hemingway 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
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