Marvin Moody v. Todd Perseghin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00927-GBL-JFA Copies to all parties and the district court/agency. [998869438]. Mailed to: Marvin Moody. [12-6133]

Appeal: 12-6133

Doc: 10

Filed: 06/06/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6133

MARVIN J. MOODY,
Plaintiff – Appellant,
v.
TODD P. PERSEGHIN, Detective R.P.D. #2985,
Defendant – Appellee,
and
CAITLIN
R.
KELLEY,
CLARENCE N. JENKINS,

Assistant

Commonwealth

Attorney;

Defendants.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:11-cv-00927-GBL-JFA)

Submitted:

May 18, 2012

Decided:

June 6, 2012

Before AGEE, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marvin J. Moody, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-6133

Doc: 10

Filed: 06/06/2012

Pg: 2 of 2

PER CURIAM:
Marvin J. Moody seeks to appeal the district court’s
order

denying

his

motion

to

reconsider

the

dismissal

of

Defendant Caitlin R. Kelley from this action under 42 U.S.C.
§ 1983 (2006).

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.

545-46 (1949).

Beneficial

Indus.

Loan

Corp.,

337

U.S.

541,

The order Moody seeks to appeal is neither a

final order nor an appealable interlocutory or collateral order,
as it disposes of fewer than all the parties involved in this
lawsuit.

Accordingly,

because

this

matter

remains

pending

against Defendant Todd B. Perseghin, 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

the

court

and

argument

would

not

aid

the

decisional process.
DISMISSED

2