Rashid Al-Amin v. Gene Johnson

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:04-cv-00346-RAJ Copies to all parties and the district court/agency. [998474270] [10-6786]

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Rashid Al-Amin v. Gene Johnson Doc. 0 Case: 10-6786 Document: 15 Date Filed: 11/30/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6786 RASHID QAWI AL-AMIN, Plaintiff Appellant, v. GENE JOHNSON, in his official capacity; LINDA SHEAR, in her individual and official capacities; RUFUS FLEMING, in his individual and official capacities; G. P. WILLIAMS, in his individual and official capacities; S. J. ADVENT, in his individual and official capacities; S. BAYLOR, in his individual and official capacities; D. M. FERGUSON, in his/her individual and official capacities; M. L. POPE, in his individual and official capacities; MR. FERROW, in his individual and official capacities; CHARLIE DAVIS, in his individual and official capacities; BLAINE BROCK, Food Service Manager, an employee of Compass Group USA, Inc. d/b/a Canteen Correctional Services; CLYDE ALDERMAN, in his individual and official capacities, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:04-cv-00346-RAJ) Submitted: November 18, 2010 AGEE, Circuit Decided: Judges, and November 30, 2010 HAMILTON, Senior Before SHEDD and Circuit Judge. Dismissed by unpublished per curiam opinion. Dockets.Justia.com Case: 10-6786 Document: 15 Date Filed: 11/30/2010 Page: 2 Rashid Qawi Al-Amin, Appellant Pro Se. Mark R. Davis, Assistant Attorney General, Richmond, Virginia; Paul Graham Beers, GLENN, FELDMANN, DARBY & GOODLATTE, Roanoke, Virginia; Peter M. Coppinger, Gregory D. Cote, MCCARTER & ENGLISH, LLP, Boston, Massachusetts, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Case: 10-6786 Document: 15 Date Filed: 11/30/2010 Page: 3 PER CURIAM: Rashid Qawi Al-Amin seeks to appeal the district This 28 court's order dismissing one of the defendants as a party. court may exercise jurisdiction only over final orders, U.S.C. 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Al-Amin seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument because in the the facts and legal before Accordingly, we We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. DISMISSED 3

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