Marlon Canady v. Roderic Tuell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999719671-2] Originating case number: 3:14-cv-00420-REP-RCY Copies to all parties and the district court/agency. [999764994]. Mailed to: Canady. [15-7685]

Appeal: 15-7685

Doc: 10

Filed: 03/01/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7685

MARLON CANADY,
Plaintiff - Appellant,
v.
RODERIC L. TUELL, Building Manager, Unit Manager, employed at
Sussex One State Prison, sued individually and official
capacity; BENJAMIN T. ULEP, Doctor, employed at Sussex One
State Prison, sued individually and official capacity; EDDIE
PEARSON, Warden, employed at Sussex One State Prison, sued
individually and official capacity; VANCAMP, Sergeant (Male),
employed at Sussex One State Prison, sued individually and
official capacity; GREGORY HOLLOWAY, Warden, employed at
Wallens Ridge state Prison, sued individually and official
capacity; M. STANFORD, Medical Administrator, employed at
Wallens Ridge state Prison, sued individually and official
capacity; DANIEL MILLER, Doctor, employed at Wallens Ridge
state Prison, sued individually and official capacity; SABRINA
LOGAN, Sergeant (female), employed at Sussex One State Prison,
sued individually and official capacity; JERRY D. OATES,
United Manager, employed at Sussex One State Prison, sued
individually and official capacity,
Defendants – Appellees,
and
HAROLD CLARKE, Director of Department of Corrections, sued
individually and official capacity; LOGAN, Sergeant (female),
employed at Sussex One State Prison, sued individually and
official capacity; JANE DOE, Medical Administrator, employed
at Sussex One State Prison, sued individually and official
capacity; J. D. OATES, United Manager, employed at Sussex One
State Prison, sued individually and official capacity; K.
LAMB, Correctional Officer, employed at Wallens Ridge state
Prison, sued individually and official capacity; FRED
SCHILLINGS, Director of the Virginia Department of Corrections

Appeal: 15-7685

Doc: 10

Medical Health
capacity,

Filed: 03/01/2016

Services,

Pg: 2 of 3

sued

individually

and

official

Defendants.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:14-cv-00420-REP-RCY)

Submitted:

February 25, 2016

Decided:

March 1, 2016

Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

Marlon Canady, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 15-7685

Doc: 10

Filed: 03/01/2016

Pg: 3 of 3

PER CURIAM:
Marlon Canady seeks to appeal the district court’s order
dismissing some, but not all, of his claims raised under 42 U.S.C.
§ 1983 (2012).

This court may 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, 54546 (1949).

The order Canady seeks to appeal is neither a final

order

an

nor

appealable

interlocutory

or

collateral

order.

Accordingly, we deny Canady’s motion for appointment of counsel
and dismiss the appeal for lack of jurisdiction.

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

this

court

are
and

argument would not aid the decisional process.

DISMISSED

3