Omari Mason v. Kevin Talley

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6483
OMARI KEISAUN MASON,
Plaintiff - Appellant,
v.
KEVIN TALLEY, Lt.; MAJOR FRANK MACK; LARRY LEABOUGH,
Superintendent; BINNS, Sergeant,
Defendants - Appellees,
and
MCKELVIN #81, Sergeant; JONES, Regular Correctional Officer,
Defendants.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:21-cv-01118-LMB-JFA)
Submitted: August 29, 2023 Decided: September 1, 2023
Before KING, AGEE, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Omari Keisaun Mason, Appellant Pro Se. John P. Dunnigan, Leslie A. Winneberger,
HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Glen Allen, Virginia, for
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Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Omari Keisaun Mason seeks to appeal the district court’s order granting in part and
denying in part Defendants’ motion for summary judgment. This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and
collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
Corp., 337 U.S. 541, 545-46 (1949). The order Mason 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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