Filed: Mar. 04, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7561 JOSEPH M. LYNCH, Plaintiff - Appellant, versus K.W. DRODDY, Lieutenant Deputy; WITTHAM, Deputy Sargeant; PHAYME, Deputy; DEPUTY KEENE; DEPUTY JOYCE; THOMPKINS, Deputy Sargeant; DEPUTY SINC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-00-394-3) Submitted: February 12, 2002 Decided: March 4, 2002 Be
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7561 JOSEPH M. LYNCH, Plaintiff - Appellant, versus K.W. DRODDY, Lieutenant Deputy; WITTHAM, Deputy Sargeant; PHAYME, Deputy; DEPUTY KEENE; DEPUTY JOYCE; THOMPKINS, Deputy Sargeant; DEPUTY SINC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-00-394-3) Submitted: February 12, 2002 Decided: March 4, 2002 Bef..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7561
JOSEPH M. LYNCH,
Plaintiff - Appellant,
versus
K.W. DRODDY, Lieutenant Deputy; WITTHAM,
Deputy Sargeant; PHAYME, Deputy; DEPUTY KEENE;
DEPUTY JOYCE; THOMPKINS, Deputy Sargeant;
DEPUTY SINC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-00-394-3)
Submitted: February 12, 2002 Decided: March 4, 2002
Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joseph M. Lynch, Appellant Pro Se. Jacqueline Guess Epps, Michael
Robert Ward, MORRIS & MORRIS, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph M. Lynch appeals the district court’s order dismissing
two Defendants from this action under 42 U.S.C. § 1983 (1994)
without prejudice. 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 accordingly deny Lynch’s motion for a transcript at
government expense and 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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