Filed: Sep. 15, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6865 EDWARD J. GARABEDIAN, Plaintiff – Appellant, v. PAUL LANTEIGNE, Sheriff; BETH HOLCUM, Medical Director; JAMAL UDEEN, Doctor; CITY OF VIRGINIA BEACH; CORRECTIONAL MEDICAL SERVICES; COMMONWEALTH OF VIRGINIA; VIRGINIA BEACH CORRECTIONAL CENTER; DEPUTY, in operating room during surgery 12/21/06; MEDICAL ASSISTANTS, Chesapeake General Hospital; DEPUTY ASSIGNED TO CLASSIFICATIONS, Housing Complaints, V.B.C.C.; ANESTHESIOLOGI
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6865 EDWARD J. GARABEDIAN, Plaintiff – Appellant, v. PAUL LANTEIGNE, Sheriff; BETH HOLCUM, Medical Director; JAMAL UDEEN, Doctor; CITY OF VIRGINIA BEACH; CORRECTIONAL MEDICAL SERVICES; COMMONWEALTH OF VIRGINIA; VIRGINIA BEACH CORRECTIONAL CENTER; DEPUTY, in operating room during surgery 12/21/06; MEDICAL ASSISTANTS, Chesapeake General Hospital; DEPUTY ASSIGNED TO CLASSIFICATIONS, Housing Complaints, V.B.C.C.; ANESTHESIOLOGIS..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6865
EDWARD J. GARABEDIAN,
Plaintiff – Appellant,
v.
PAUL LANTEIGNE, Sheriff; BETH HOLCUM, Medical Director;
JAMAL UDEEN, Doctor; CITY OF VIRGINIA BEACH; CORRECTIONAL
MEDICAL SERVICES; COMMONWEALTH OF VIRGINIA; VIRGINIA BEACH
CORRECTIONAL CENTER; DEPUTY, in operating room during
surgery 12/21/06; MEDICAL ASSISTANTS, Chesapeake General
Hospital; DEPUTY ASSIGNED TO CLASSIFICATIONS, Housing
Complaints, V.B.C.C.; ANESTHESIOLOGIST, selected by Felix
Kervin, M.D.; LIEUTENANT HIGHTOWER, Head of Classifications,
V.B.C.C.; DEPUTY, classification officer; DEPUTY, Floor Dep.
Claim #7; FELIX KERVIN, Kervin Orthopedic Group PC
Doctor/Surgeon,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony John Trenga,
District Judge. (1:08-cv-01221-AJT-TRJ)
Submitted: September 10, 2009 Decided: September 15, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Edward J. Garabedian, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward J. Garabedian appeals the district court’s
order dismissing several defendants and a portion of his claims
for failure to state a claim after a 28 U.S.C. § 1915A (2006)
review, and denying his request for a preliminary injunction.
With respect to the district court’s denial of preliminary
injunctive relief, we have reviewed the record and find no
reversible error. Accordingly, we affirm that portion of the
district court’s order. Garabedian v. Lanteigne, No. 1:08-cv-
01221 (E.D. Va. filed April 15, 2009; entered April 16, 2009).
The remainder of the district court’s order is neither a final
order nor an appealable interlocutory or collateral order.
Because this court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541
(1949), we dismiss this portion of the appeal for lack of
jurisdiction. We deny Garabedian’s motion for appointment of
counsel and 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.
AFFIRMED IN PART;
DISMISSED IN PART
2