Melvin Dodson v. Timothy Kaine, No. 10-7229 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7229 MELVIN C. DODSON, Movant - Appellant, and LARRY E. PATTERSON; ELMO A. REID, JR.; JAMES R. CLARK, Plaintiffs, v. TIMOTHY M. KAINE, Governor of the State of Virginia, sued in his official and individual capacity; JOHN W. MARSHALL, Secretary of Public Safety of Virginia, sued in his official and individual capacity; HELEN F. FAHEY, Chairperson of the Virginia Parole Board, sued in her official and individual capacity, Defendants, v. DEREK T. FRITZINGER, Movant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00490-JRS) Submitted: December 21, 2010 Decided: January 4, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Melvin C. Dodson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Melvin C. Dodson seeks to appeal the district court s order denying a Fed. R. Civ. P. 60(b) motion for reconsideration of its prior order adopting the magistrate judge s recommendation and dismissing a 42 U.S.C. § 1983 (2006) civil rights action. However, because Dodson was not a party to or an intervenor in the § 1983 action, * he lacks standing to challenge this order on appeal. See Davis v. Scott, 176 F.3d 805, 807-08 (4th Cir. 1999). Accordingly, we dismiss this 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 * Dodson s motion to join the lawsuit was denied as moot on March 11, 2010. 3

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