Filed: Mar. 01, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7685 MARLON CANADY, Plaintiff - Appellant, v. RODERIC L. TUELL, Building Manager, Unit Manager, employed at Sussex One State Prison, sued individually and official capacity; BENJAMIN T. ULEP, Doctor, employed at Sussex One State Prison, sued individually and official capacity; EDDIE PEARSON, Warden, employed at Sussex One State Prison, sued individually and official capacity; VANCAMP, Sergeant (Male), employed at Sussex One
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7685 MARLON CANADY, Plaintiff - Appellant, v. RODERIC L. TUELL, Building Manager, Unit Manager, employed at Sussex One State Prison, sued individually and official capacity; BENJAMIN T. ULEP, Doctor, employed at Sussex One State Prison, sued individually and official capacity; EDDIE PEARSON, Warden, employed at Sussex One State Prison, sued individually and official capacity; VANCAMP, Sergeant (Male), employed at Sussex One ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7685
MARLON CANADY,
Plaintiff - Appellant,
v.
RODERIC L. TUELL, Building Manager, Unit Manager, employed at
Sussex One State Prison, sued individually and official
capacity; BENJAMIN T. ULEP, Doctor, employed at Sussex One
State Prison, sued individually and official capacity; EDDIE
PEARSON, Warden, employed at Sussex One State Prison, sued
individually and official capacity; VANCAMP, Sergeant (Male),
employed at Sussex One State Prison, sued individually and
official capacity; GREGORY HOLLOWAY, Warden, employed at
Wallens Ridge state Prison, sued individually and official
capacity; M. STANFORD, Medical Administrator, employed at
Wallens Ridge state Prison, sued individually and official
capacity; DANIEL MILLER, Doctor, employed at Wallens Ridge
state Prison, sued individually and official capacity; SABRINA
LOGAN, Sergeant (female), employed at Sussex One State Prison,
sued individually and official capacity; JERRY D. OATES,
United Manager, employed at Sussex One State Prison, sued
individually and official capacity,
Defendants – Appellees,
and
HAROLD CLARKE, Director of Department of Corrections, sued
individually and official capacity; LOGAN, Sergeant (female),
employed at Sussex One State Prison, sued individually and
official capacity; JANE DOE, Medical Administrator, employed
at Sussex One State Prison, sued individually and official
capacity; J. D. OATES, United Manager, employed at Sussex One
State Prison, sued individually and official capacity; K.
LAMB, Correctional Officer, employed at Wallens Ridge state
Prison, sued individually and official capacity; FRED
SCHILLINGS, Director of the Virginia Department of Corrections
Medical Health Services, sued individually and official
capacity,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:14-cv-00420-REP-RCY)
Submitted: February 25, 2016 Decided: March 1, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Marlon Canady, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Marlon Canady seeks to appeal the district court’s order
dismissing some, but not all, of his claims raised under 42 U.S.C.
§ 1983 (2012). This court may exercise jurisdiction only over
final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory
and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-
46 (1949). The order Canady seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we deny Canady’s motion for appointment of counsel
and dismiss the appeal for lack of jurisdiction. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
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