Eric Morrison v. Nurse C. Meyer; Tamara Lyn

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6223
ERIC MORRISON,
Plaintiff - Appellant,
v.
NURSE C. MEYER; TAMARA LYN,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:21-ct-03132-FL)
Submitted: June 22, 2023 Decided: June 27, 2023
Before HARRIS and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed and remanded by unpublished per curiam opinion.
Eric Wilford Morrison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eric Morrison seeks to appeal the district court’s order dismissing his amended
Bivens∗ complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). This
court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain
interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). “Ordinarily, a district court
order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d
694, 696 (4th Cir. 2015) (internal quotation marks omitted).
Our review of the record reveals that the district court did not adjudicate all of the
claims raised in the complaint. Id. at 696-97. Specifically, the court failed to address
Morrison’s allegation that Nurse Meyer’s failure to administer the medication prescribed
at the hospital caused severe issues in his right eye and another hospitalization. We
conclude that the order Morrison seeks to appeal is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction
and remand to the district court for consideration of the unresolved claim. Id. at 699.
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 AND REMANDED
∗ Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388
(1971).

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