Jason Gilmer v. Dr. Smith

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:14-cv-00111-NKM-RSB. Copies to all parties and the district court/agency. [999646783]. Mailed to: Jason Nathaniel Gilmer. [15-6739]

Appeal: 15-6739

Doc: 19

Filed: 08/25/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6739

JASON NATHANIEL GILMER,
Plaintiff - Appellee,
v.
DR. SMITH, Head Physician of KMCC,
Defendant – Appellant,
and
MR. A. WHITED, R.N.C.B. of KMCC; L. FLEMING, Warden of KMCC,
Defendants.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Norman K. Moon, Senior
District Judge. (7:14-cv-00111-NKM-RSB)

Submitted:

August 20, 2015

Decided:

August 25, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mary Foil Russell, HALE, LYLE & RUSSELL, PC, Bristol, Tennessee,
for Appellant. Jason Nathaniel Gilmer, Appellee Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6739

Doc: 19

Filed: 08/25/2015

Pg: 2 of 2

PER CURIAM:
Dr. Happy Smith seeks to appeal the district court’s order
denying

his

motion

U.S.C.

§ 1983

for

(2012)

reconsideration
action.

in

This

Jason

court

Gilmer’s
may

42

exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2012),
and

certain

interlocutory

and

collateral

orders,

28

U.S.C.

§ 1292 (2012); 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 Smith 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 this court and argument would not aid
the decisional process.

DISMISSED

2