Filed: Mar. 31, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7641 FRANK BLAKESLEE COX, III, Plaintiff - Appellant, versus DAVID ROBINSON, Warden; W. WILSON, Sergeant; LIEUTENANT JOHNSON, Watch Commander; LINDA HAGAMAN, Chief Secretary, Defendants - Appellees, and V. FITZGERALD, Nurse; B. ARCHER, Nurse; SERGEANT TAYLOR; NURSE CLAIRMOUNT; LEVESTER THOMPSON, Head Doctor, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7641 FRANK BLAKESLEE COX, III, Plaintiff - Appellant, versus DAVID ROBINSON, Warden; W. WILSON, Sergeant; LIEUTENANT JOHNSON, Watch Commander; LINDA HAGAMAN, Chief Secretary, Defendants - Appellees, and V. FITZGERALD, Nurse; B. ARCHER, Nurse; SERGEANT TAYLOR; NURSE CLAIRMOUNT; LEVESTER THOMPSON, Head Doctor, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7641
FRANK BLAKESLEE COX, III,
Plaintiff - Appellant,
versus
DAVID ROBINSON, Warden; W. WILSON, Sergeant;
LIEUTENANT JOHNSON, Watch Commander; LINDA
HAGAMAN, Chief Secretary,
Defendants - Appellees,
and
V. FITZGERALD, Nurse; B. ARCHER, Nurse;
SERGEANT TAYLOR; NURSE CLAIRMOUNT; LEVESTER
THOMPSON, Head Doctor,
Defendants.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-97-549-2)
Submitted: March 25, 1999 Decided: March 31, 1999
Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Frank Blakeslee Cox, III, Appellant Pro Se. Mark Ralph Davis,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Frank Blakeslee Cox, III, appeals from the district court’s
order granting summary judgment in favor of some of the Defendants
and denying the motion to dismiss claims against other Defendants
in this 42 U.S.C.A. § 1983 (West Supp. 1998) action. 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 deny Cox’s motion for an immediate transfer to the pro-
tective custody unit at Keen Mountain Correctional Center and dis-
miss 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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