Joseph Fleming v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:16-cv-00410-JLK-RSB. Copies to all parties and the district court/agency. [1000281364]. Mailed to: Joseph Fleming. [18-6210]
Appeal: 18-6210
Doc: 14
Filed: 04/24/2018
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6210
JOSEPH FLEMING,
Plaintiff - Appellant,
v.
HAROLD W. CLARKE, Director, VDOC; JOHN WALRATH, Warden; C/O
LUNDY; C/O DEAN; NURSE CRAWFORD; MCBRIDE, Unit Manager;
NURSE PARKS; VIRGINIA DEPARTMENT OF CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Jackson L. Kiser, Senior District Judge. (7:16-cv-00410-JLK-RSB)
Submitted: April 19, 2018
Decided: April 24, 2018
Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joseph Fleming, Appellant Pro Se. Jeff W. Rosen, PENDER & COWARD, PC, Virginia
Beach, Virginia, for Appellees Nurse Crawford and Nurse Parks.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 18-6210
Doc: 14
Filed: 04/24/2018
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PER CURIAM:
Joseph Fleming seeks to appeal the district court’s order granting in part and
denying in part Defendants’ summary judgment motions filed in his pending 42 U.S.C.
§ 1983 (2012) action. 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 Fleming seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. 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
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