Filed: Apr. 30, 1997
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7844 GEORGE H. VAN WAGNER, III, Plaintiff - Appellant, and ANTHONY RISH; JOHN MCMAHON; LARRY DOLPH; DAVID H. ROBERTS, Plaintiffs, versus SALLY JOHNSON, Doctor, in her official capac- ity as Associate Warden of Mental Health Ser- vices and Head of United States Public Health Services at Butner Federal Correctional Insti- tute and individually; CATHY HICKS, in her official capacity as Unit Manager, Federal Correctional Instit
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7844 GEORGE H. VAN WAGNER, III, Plaintiff - Appellant, and ANTHONY RISH; JOHN MCMAHON; LARRY DOLPH; DAVID H. ROBERTS, Plaintiffs, versus SALLY JOHNSON, Doctor, in her official capac- ity as Associate Warden of Mental Health Ser- vices and Head of United States Public Health Services at Butner Federal Correctional Insti- tute and individually; CATHY HICKS, in her official capacity as Unit Manager, Federal Correctional Institu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7844
GEORGE H. VAN WAGNER, III,
Plaintiff - Appellant,
and
ANTHONY RISH; JOHN MCMAHON; LARRY DOLPH; DAVID
H. ROBERTS,
Plaintiffs,
versus
SALLY JOHNSON, Doctor, in her official capac-
ity as Associate Warden of Mental Health Ser-
vices and Head of United States Public Health
Services at Butner Federal Correctional Insti-
tute and individually; CATHY HICKS, in her
official capacity as Unit Manager, Federal
Correctional Institute Butner and individ-
ually; JIM KING, Case Manager, in his official
capacity at Federal Correctional Institute
Butner and individually; WILBER LEMAY, Coun-
selor, in his official capacity at Federal
Correctional Institute Butner and
individually,
Defendants - Appellees,
and
MICHAEL J. QUINLAN, as Director of Bureau of
Prisons in his official capacity and individ-
ually; US GOVERNMENT,
Defendants.
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Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. W. Earl Britt, District
Judge. (CA-92-200-5-BR)
Submitted: April 17, 1997 Decided: April 30, 1997
Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George H. Van Wagner, III, Appellant Pro Se. Barbara Dickerson
Kocher, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Appellant appeals the district court order dismissing his
claims and denying various motions in a multi-plaintiff civil
action. The action continues below on the other plaintiffs' claims.
We dismiss the appeal for lack of jurisdiction because the order is
not appealable. This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541 (1949).
The order here appealed is neither a final order nor an appealable
interlocutory or collateral order.
We dismiss the appeal as interlocutory. 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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