Filed: Nov. 15, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-2156 LEROY THURSTON, Plaintiff - Appellant, versus LOUISA COUNTY PUBLIC SCHOOLS, Defendant - Appellee. No. 01-2157 LEROY THURSTON, Plaintiff - Appellant, versus UNITED PARCEL SERVICE; ROGER COLLINS, Assis- tant Superintendent of Louisa County Schools, Defendants - Appellees. Appeals from the United States District Court for the Western District of Virginia, at Charlottesville. Norman K. Moon, District Judge. (CA-01-84-3, CA
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-2156 LEROY THURSTON, Plaintiff - Appellant, versus LOUISA COUNTY PUBLIC SCHOOLS, Defendant - Appellee. No. 01-2157 LEROY THURSTON, Plaintiff - Appellant, versus UNITED PARCEL SERVICE; ROGER COLLINS, Assis- tant Superintendent of Louisa County Schools, Defendants - Appellees. Appeals from the United States District Court for the Western District of Virginia, at Charlottesville. Norman K. Moon, District Judge. (CA-01-84-3, CA-..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2156
LEROY THURSTON,
Plaintiff - Appellant,
versus
LOUISA COUNTY PUBLIC SCHOOLS,
Defendant - Appellee.
No. 01-2157
LEROY THURSTON,
Plaintiff - Appellant,
versus
UNITED PARCEL SERVICE; ROGER COLLINS, Assis-
tant Superintendent of Louisa County Schools,
Defendants - Appellees.
Appeals from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (CA-01-84-3, CA-01-85-3)
Submitted: November 8, 2001 Decided: November 15, 2001
Before WILKINS, MICHAEL, and KING, Circuit Judges.
No. 01-2156 affirmed and No. 01-2157 dismissed by unpublished per
curiam opinion.
Leroy Thurston, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
In these consolidated cases, Leroy Thurston appeals from the
district court’s order dismissing without prejudice for failure to
state a claim of an action brought against a former employer (No.
01-2156). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we affirm on
the reasoning of the district court. Thurston v. Louisa Cnty.
Public Sch., No. CA-01-84-3 (W.D. Va. filed Aug. 27, 2001; entered
Aug. 28, 2001). 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.
In No. 01-2157, Thurston appeals from the district court’s
order dismissing without prejudice his claims as to Defendant
Collins for failure to state a claim, but allowing the action to
proceed as to the Defendant United Parcel Service (No. 01-2157).
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 this appeal as
interlocutory.
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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.
No. 01-2156 - AFFIRMED
No. 01-2157 - DISMISSED
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