Deonta Jerome Hicks v. RICK WHITE, Warden, Red Onion State Prison

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6263
DEONTA JEROME HICKS,
Plaintiff - Appellant,
v.
RICK WHITE, Warden, Red Onion State Prison; CLARKE, Safety Officer, Red
Onion State Prison; KEITH ALMARODE, Food Service Supervisor, Red Onion
State Prison,
Defendants - Appellees,
and
STACY DAY, Unit Manager; ERIC MILLER, Unit Manager,
Defendants.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Pamela Meade Sargent, Magistrate Judge. (7:22-cv-00235-PMS)
Submitted: August 29, 2023 Decided: September 1, 2023
Before KING, AGEE, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.

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Deonta Jerome Hicks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Deonta Jerome Hicks seeks to appeal the magistrate judge’s order granting the
motion to dismiss filed by certain Defendants in Hicks’ pro se civil action. 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). The order Hicks seeks to appeal is neither a final
order, given that litigation on his remaining claims against other Defendants is ongoing,
nor is it an appealable interlocutory or collateral order. Accordingly, we dismiss this 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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