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Lane v. Walker, 99-7355 (1999)

Court: Court of Appeals for the Fourth Circuit Number: 99-7355 Visitors: 16
Filed: Dec. 22, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7355 MARCUS LANE, SR., Plaintiff - Appellant, versus E. B. WALKER, Assistant Warden; MAJOR VAUGHAN, Assistant Warden; P. V. DILLARD, Captain; LIEUTENANT FERGUSON; OFFICER BANKS, K-9 Unit, Department of Corrections, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-98-236-AM) Submitted: December 16, 1999 Decided: De
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                             UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 99-7355



MARCUS LANE, SR.,

                                             Plaintiff - Appellant,

          versus


E. B. WALKER, Assistant Warden; MAJOR VAUGHAN,
Assistant Warden; P. V. DILLARD, Captain;
LIEUTENANT FERGUSON; OFFICER BANKS, K-9 Unit,
Department of Corrections,

                                            Defendants - Appellees.



Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge.
(CA-98-236-AM)


Submitted:   December 16, 1999          Decided:     December 22, 1999


Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.


Dismissed by unpublished per curiam opinion.


Marcus Lane, Sr., Appellant Pro Se. Matthew P. Dullaghan, 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Unpublished opinions are not binding precedent in this circuit.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).
PER CURIAM:

     Marcus Lane, Sr., appeals the district court’s order granting

Defendants’ motion for summary judgment on all claims except Lane’s

Fourteenth Amendment equal protection claim. 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




                                2

Source:  CourtListener

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