Williams v. Bays

Filing 920071025

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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