Filed: Jan. 03, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7634 JAMES STRONG, Plaintiff - Appellant, versus JONATHAN E. OZMINT, Director, South Carolina Department of Corrections; ROBERT WARD, South Carolina Department of Corrections Official; LAURIE BESSINGER, South Carolina Department of Corrections Official; BERNARD MCKIE, South Carolina Department of Corrections Official; JAMES SLEIGH, South Carolina Department of Corrections employee; TRACY BAXLY, South Carolina Department of
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7634 JAMES STRONG, Plaintiff - Appellant, versus JONATHAN E. OZMINT, Director, South Carolina Department of Corrections; ROBERT WARD, South Carolina Department of Corrections Official; LAURIE BESSINGER, South Carolina Department of Corrections Official; BERNARD MCKIE, South Carolina Department of Corrections Official; JAMES SLEIGH, South Carolina Department of Corrections employee; TRACY BAXLY, South Carolina Department of C..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7634
JAMES STRONG,
Plaintiff - Appellant,
versus
JONATHAN E. OZMINT, Director, South Carolina
Department of Corrections; ROBERT WARD, South
Carolina Department of Corrections Official;
LAURIE BESSINGER, South Carolina Department of
Corrections Official; BERNARD MCKIE, South
Carolina Department of Corrections Official;
JAMES SLEIGH, South Carolina Department of
Corrections employee; TRACY BAXLY, South
Carolina Department of Corrections employee;
GENE NOLES, South Carolina Department of
Corrections employee; MARTIN, South Carolina
Department of Corrections employee; ESSTIES,
South Carolina Department of Corrections
employee; MARCELLA MCCOY, South Carolina
Department of Corrections employee; ALVIN
GRABER, South Carolina Department of
Corrections employee; ROBERT ESPISITO, South
Carolina Department of Corrections employee;
JOEL MOORE, South Carolina Department of
Corrections employee; SAM LATTA, South
Carolina Department of Corrections employee;
VAUGHN JACKSON, South Carolina Department of
Corrections employee; TYRONE MURRAY, South
Carolina Department of Corrections employee;
SAM DUCKETT, South Carolina Department of
Corrections employee; ROBINSON, South Carolina
Department of Corrections employee; BOULWARE,
South Carolina Department of Corrections
employee; LARRY BINBOW, South Carolina
Department of Corrections employee; TEDDY
REEVES, South Carolina Department of
Corrections employee; SAM PARKER, South
Carolina Department of Corrections employee;
JAMES GLOVER, South Carolina Department of
Corrections employee; ELLIOT PALLARD, South
Carolina Department of Corrections employee;
PHILLIP ADAMS, South Carolina Department of
Corrections employee; PETERSON, South Carolina
Department of Corrections employee; ALEX
UNDERWOOD, South Carolina Law Enforcement
Division; ROBERT M. STEWART, South Carolina
Law Enforcement Division,
Defendants - Appellees.
No. 06-1224
JAMES STRONG,
Plaintiff - Appellee,
versus
SAM LATTA, South Carolina Department of
Corrections employee; BOULWARE, South Carolina
Department of Corrections employee; LARRY
BINBOW, South Carolina Department of
Corrections employee; TEDDY REEVES, South
Carolina Department of Corrections employee;
SAM PARKER, JR., South Carolina Department of
Corrections employee; ELLIOT PALLARD, South
Carolina Department of Corrections employee,
Defendants - Appellants,
and
JONATHAN E. OZMINT, Director, South Carolina
Department of Corrections; ROBERT WARD, South
Carolina Department of Corrections Official;
LAURIE F. BESSINGER, South Carolina Department
of Corrections Official; BERNARD MCKIE, South
Carolina Department of Corrections Official;
JAMES SLEIGH, South Carolina Department of
Corrections employee; TRACY BAXLY, South
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Carolina Department of Corrections employee;
GENE NOLES, South Carolina Department of
Corrections employee; MARTIN, South Carolina
Department of Corrections employee; ESSTIES,
South Carolina Department of Corrections
employee; MARCELLA MCCOY, South Carolina
Department of Corrections employee; ALVIN
GRABER, South Carolina Department of
Corrections employee; ROBERT M. STEWART, South
Carolina State Law Enforcement Division;
ROBERT ESPISITO, South Carolina Department of
Corrections employee; JOEL MOORE, South
Carolina Department of Corrections employee;
VAUGHN JACKSON, South Carolina Department of
Corrections employee; TYRONE MURRAY, South
Carolina Department of Corrections employee;
SAM DUCKETT, South Carolina Department of
Corrections employee; ROBINSON, South Carolina
Department of Corrections employee; JAMES
GLOVER, South Carolina Department of
Corrections employee; PHILLIP ADAMS, South
Carolina Department of Corrections employee;
PETERSON, South Carolina Department of
Corrections employee; ALEX UNDERWOOD, South
Carolina Law Enforcement Division,
Defendants.
Appeals from the United States District Court for the District of
South Carolina, at Charleston. Margaret B. Seymour, District
Judge. (CA-03-2256; 2:03-cv-02256-MBS)
Submitted: December 11, 2006 Decided: January 3, 2007
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
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James Strong, Appellant Pro Se. Andrew Frederick Lindemann,
DAVIDSON, MORRISON & LINDEMANN, PA, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
James Strong seeks to appeal the district court’s order
entered September 29, 2005, granting in part and denying in part
Defendants’ motion for summary judgment in this action under 42
U.S.C. § 1983 (2000). Defendants seek to appeal the district
court’s order granting in part and denying in part their motion for
reconsideration, and its amended order granting in part and denying
in part Defendants’ motion for summary judgment, both entered on
November 17, 2005.
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541 (1949). The
orders Appellants seek to appeal are neither final orders nor
appealable interlocutory or collateral orders. Accordingly, we
grant Defendants’ motion to dismiss Strong’s appeal, and dismiss
Defendants’ appeal, for lack of jurisdiction. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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