Filed: Apr. 15, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7797 JESUS EMMANUEL JEHOVAH, a/k/a Robert Gabriel Love, a/k/a Gabriel Alexander Antonio, Plaintiff – Appellant, v. COMMONWEALTH OF VIRGINIA; LORETTA K. KELLY, Warden, Sussex I State Prison; ALL EMPLOYEES OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, in their official, individual, and private capacities, jointly and severally; A. DAVID ROBINSON, Deputy Director; EDDIE L. PEARSON, Warden; KESHA FOWLKES, Unit Manager; MS. EVANS,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7797 JESUS EMMANUEL JEHOVAH, a/k/a Robert Gabriel Love, a/k/a Gabriel Alexander Antonio, Plaintiff – Appellant, v. COMMONWEALTH OF VIRGINIA; LORETTA K. KELLY, Warden, Sussex I State Prison; ALL EMPLOYEES OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, in their official, individual, and private capacities, jointly and severally; A. DAVID ROBINSON, Deputy Director; EDDIE L. PEARSON, Warden; KESHA FOWLKES, Unit Manager; MS. EVANS, R..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7797
JESUS EMMANUEL JEHOVAH, a/k/a Robert Gabriel Love, a/k/a
Gabriel Alexander Antonio,
Plaintiff – Appellant,
v.
COMMONWEALTH OF VIRGINIA; LORETTA K. KELLY, Warden, Sussex
I State Prison; ALL EMPLOYEES OF THE VIRGINIA DEPARTMENT OF
CORRECTIONS, in their official, individual, and private
capacities, jointly and severally; A. DAVID ROBINSON,
Deputy Director; EDDIE L. PEARSON, Warden; KESHA FOWLKES,
Unit Manager; MS. EVANS, Records Officer; MS. ANSAH,
Corporal; ARMOR CORRECTIONAL HEALTH SERVICES, INC.; ANTHONY
KING, Dr.; MESELE GEBREYES, Dr.; BENJAMIN ULEP, Dr.,
Defendants – Appellees,
and
HAROLD W. CLARKE, Director; JOHN M. JABE, Deputy Director,
Defendants.
No. 12-8079
JESUS EMMANUEL JEHOVAH, a/k/a Robert Gabriel Love, a/k/a
Gabriel Alexander Antonio,
Plaintiff – Appellant,
v.
HAROLD W. CLARKE, Director; JOHN M. JABE, Deputy Director,
Defendants – Appellees,
and
COMMONWEALTH OF VIRGINIA; LORETTA K. KELLY, Warden, Sussex
I State Prison; ALL EMPLOYEES OF THE VIRGINIA DEPARTMENT OF
CORRECTIONS, in their official, individual, and private
capacities, jointly and severally; A. DAVID ROBINSON,
Deputy Director; EDDIE L. PEARSON, Warden; KEISHA FOWLKES,
Unit Manager; MS. EVANS, Records Officer; MS. ANSAH,
Corporal; ARMOR CORRECTIONAL HEALTH SERVICES, INC.; ANTHONY
KING, Dr.; MESELE GEBREYES, Dr.; BENJAMIN ULEP, Dr.,
Defendants.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:12-cv-00087-JCC-IDD)
Submitted: April 5, 2013 Decided: April 15, 2013
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
No. 12-7797, dismissed in part, affirmed in part; No. 12-8079,
dismissed by unpublished per curiam opinion.
Jesus Emmanuel Jehovah, Appellant Pro Se. Kate Elizabeth Dwyre,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated appeals, Jesus Emmanuel Jehovah
seeks to appeal the district court’s orders dismissing numerous
claims in his complaint, denying preliminary injunctive relief,
denying his motion for a change of venue, declining to file
photographs under seal, and denying in part a motion to make
corrections of an order pursuant to Fed. R. Civ. P. Rule 60(a).
This court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2006), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949).
Apart from the denial of preliminary injunctive relief, the
orders Jehovah seeks to appeal are neither final orders nor
appealable interlocutory or collateral orders. Accordingly, we
dismiss No. 12-7797 in part, and No. 12-8079 in its entirety,
for lack of jurisdiction. As for the denial of Jehovah’s motion
for a preliminary injunction, we have reviewed the record and
find no reversible error. Accordingly, we affirm No. 12-7797 in
part for the reasons stated by the district court. Jehovah v.
Clarke, No. 1:12-cv-00087-JCC-IDD (E.D. Va. Oct. 16, 2012). See
Winter v. Natural Res. Def. Council, Inc.,
555 U.S. 7, 20 (2008)
(standard).
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before this court and argument would not aid the decisional
process.
No. 12-7797: DISMISSED IN PART;
AFFIRMED IN PART
No. 12-8079: DISMISSED
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