Dustin C. Wilson v. Lieutenant Tincher

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6559
DUSTIN C. WILSON,
Plaintiff - Appellant,
v.
LIEUTENANT TINCHER; SERGEANT LUNDY; WARDEN WRIGHT; GRIEVANCE
COUNSELOR WALLS; NURSE PAYNE,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Norman K. Moon, Senior
District Judge. (7:15-cv-00134-NKM-RSB)
Submitted: July 21, 2016 Decided: July 22, 2016
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dustin Chase Wilson, Appellant Pro Se. Nancy Hull Davidson,
Assistant Attorney General, Richmond, Virginia; Rosalie Fessier,
TIMBERLAKE, SMITH, THOMAS & MOSES, PC, Staunton, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Dustin C. Wilson seeks to appeal the district court’s order
granting one defendant’s motion to dismiss and granting in part
and denying in part the remaining defendants’ motion for summary
judgment. 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 Wilson seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order. See
Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.
1982). Accordingly, we 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

-- 2 of 2 --