George Delaney v. John Marsh, No. 10-6148 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6148 GEORGE FREDRICK DELANEY, Plaintiff Appellant, v. JOHN MARSH, M.D.; CAROLYN MACLAM, Head Nurse; DANIEL BRAXTON, Senior Warden; FRED SCHILLING, M.D., Director of Health Services, Defendants Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00465-jlk-mfu) Submitted: August 26, 2010 Decided: September 1, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. George Fredrick Delaney, Appellant Pro Se. James Dudley Mayson, TIMBERLAKE, SMITH, THOMAS & MOSES, PC, Staunton, Virginia; Erin Williams Hapgood, GUYNN, MEMMER & DILLON, PC, Salem, Virginia; Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George Fredrick Delaney seeks to appeal the district court s order granting summary judgment in favor of some, but not all, § 1983 Defendants (2006) and inmate dismissing civil rights them from 42 This action. this U.S.C. 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 Delaney Corp., seeks to 337 U.S. appeal is 541, 545-46 neither a (1949). final appealable interlocutory or collateral order. The order order nor an Accordingly, we deny Delaney s motion to amend and dismiss the appeal for lack of jurisdiction. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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