Carl Gordon v. Fred Schilling

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:15-cv-00095-NKM-RSB Copies to all parties and the district court/agency. [1000034877]. Mailed to: C Gordon. [16-7409]

Appeal: 16-7409

Doc: 13

Filed: 03/03/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7409

CARL D. GORDON,
Plaintiff - Appellant,
v.
DIRECTOR FRED SCHILLING, Health Services Director of
Virginia Department of Corrections; MARK AMONETTE, Chief
Physician of the Virginia Department of Corrections,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Norman K. Moon, Senior
District Judge. (7:15-cv-00095-NKM-RSB)

Submitted:

February 3, 2017

Decided:

March 3, 2017

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carl D. Gordon, Appellant Pro Se.
Nancy Hull Davidson,
Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7409

Doc: 13

Filed: 03/03/2017

Pg: 2 of 2

PER CURIAM:
Carl D. Gordon seeks to appeal the district court’s order
granting

in

part

and

denying

in

part

Defendants’

motion

summary judgment in his 42 U.S.C. § 1983 (2012) action.
court

may

exercise

jurisdiction

only

over

final

for
This

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).

The

order Gordon seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order.
dismiss the appeal for lack of jurisdiction.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

Accordingly, we
We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
DISMISSED

2