Rodney Hays v. Town of Gauley Bridge, West Vi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:09-cv-01272 Copies to all parties and the district court/agency. [998638967]. Mailed to: Rodney E. Hays. [11-1356]

Appeal: 11-1356

Document: 22

Date Filed: 07/25/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1356

RODNEY E. HAYS,
Plaintiff – Appellant,
v.
TOWN OF GAULEY BRIDGE, WEST VIRGINIA, a West Virginia
Municipal Corporation; WILLIAM KINCAID, individually and in
his official capacity as Judge of the Gauley Bridge
Municipal Court; SEAN WHIPKEY, individually and in his
official capacity as a Town of Gauley Bridge Officer; HEATH
WHIPKEY, individually and in his official capacity as a
Town of Gauley Bridge Police Officer; CHARLES BURKHAMER,
individually and in his official capacity as a Town of
Gauley Bridge Police Officer,
Defendants - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
John T. Copenhaver,
Jr., District Judge. (2:09-cv-01272)

Submitted:

July 21, 2011

Before NIEMEYER and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

July 25, 2011

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Rodney E. Hays, Appellant Pro Se. Vaughn Sizemore,
WYANT, PLLC, Charleston, West Virginia, for Appellees.

BAILEY

&

Appeal: 11-1356

Document: 22

Date Filed: 07/25/2011

Page: 2 of 3

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-1356

Document: 22

Date Filed: 07/25/2011

Page: 3 of 3

PER CURIAM:
Rodney E. Hays seeks to appeal the district court’s
order granting partial summary judgment to defendants on his 42
U.S.C.

§ 1983

(2006)

complaint.

This

court

may

exercise

jurisdiction only over final orders, 28 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).
to

appeal

is

neither

a

final

interlocutory or collateral order.
appeal for lack of jurisdiction.

order

The order Hays seeks
nor

an

appealable

Accordingly, we dismiss the

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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