Eddie Murphy v. Officer Leroy Conrad


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:16-cv-00246-GJH Copies to all parties and the district court/agency. [1000106030]. Mailed to: Christopher Michael Balaban; Joseph Barry Chazen; Eddie Murphy. [17-6515]

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Appeal: 17-6515 Doc: 9 Filed: 06/23/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6515 EDDIE MURPHY, Plaintiff - Appellant, v. OFFICER LEROY CONRAD, CO II; OFFICER DEAN W. ROUNDS, SR., CO II; OFFICER SHAWN MURRAY, CO II; OFFICER KEVAN WHETSTONE, CO II; COLIN OTTEY, M.D.; JENNIFER GILES, R.N. at WCI, Defendants – Appellees, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Party-in-Interest – Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. George Jarrod Hazel, District Judge. (8:16-cv-00246-GJH) Submitted: June 20, 2017 Before SHEDD, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Decided: June 23, 2017 Appeal: 17-6515 Doc: 9 Filed: 06/23/2017 Pg: 2 of 3 Eddie Murphy, Appellant Pro Se. Stephanie Judith Lane-Weber, Assistant Attorney General, Baltimore, Maryland, Dorianne Avery Meloy, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, Christopher Michael Balaban, Joseph Barry Chazen, Gina Marie Smith, MEYERS, RODBELL & ROSENBAUM, PA, Riverdale, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 17-6515 Doc: 9 Filed: 06/23/2017 Pg: 3 of 3 PER CURIAM: Eddie Murphy seeks to appeal the district court’s order granting summary judgment to Officer Leroy Conrad, CO II; Officer Dean W. Rounds, Sr., CO II; Officer Shawn Murray, CO II; and Officer Kevan Whetstone, CO II; the action remains pending as to two other Defendants. 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, 545-46 (1949). The order Murphy seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015). Accordingly, 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 this court and argument would not aid the decisional process. DISMISSED 3

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