Curtis McCoy v. Captain Robinson, No. 10-7529 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7529 CURTIS L. MCCOY, Plaintiff Appellant, v. ROBINSON, Captain, Head Nurse, Richmond City Jail; C. T. WOODY, Sheriff, Richmond City Jail, sued in his individual and official capacity; DAVIS, Deputy, Richmond City Jail, sued in his individual and official capacity, Defendants Appellees, and RICHMOND CITY JAIL MEDICAL DEPARTMENT; GAINES, Nurse, Richmond City Jail, sued in her individual and official capacity, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00555-JRS) Submitted: January 13, 2011 Decided: Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. January 21, 2011 Curtis L. McCoy, Appellant Pro Se. Leslie A. Winneberger, BEALE, BALFOUR, DAVIDSON & ETHERINGTON, PC, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Curtis L. McCoy seeks to appeal the district court s order dismissing some defendants and claims in his 42 U.S.C. § 1983 (2006) action. over final orders, This court may exercise jurisdiction only 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 Corp., 337 U.S. 541, 545-46 (1949). neither a final order nor The order McCoy seeks to appeal is an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 3
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