Williams v. Bays

Filing 920071025

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6838 KEVIN ROBERT WILLIAMS, Plaintiff - Appellant, versus MR. BAYS, Senior Psychologist; DAVID ROBINSON, Chief Warden; MR. HARVEY, Assistant Warden; DR. ASHAN, Psychiatrist; K. DAVID JONES, Psychologist, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:07-cv-00019-sgw) Submitted: October 18, 2007 Decided: October 25, 2007 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin Robert Williams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin Robert Williams seeks to appeal the district court's order summarily dismissing Williams' 42 U.S.C. 1983 (2000) action as to all but one claim, which is still proceeding below. This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Williams seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Williams' motion to appoint counsel and 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 the court and argument would not aid the decisional process. DISMISSED - 2 -

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