David Williams v. R. Mathena, No. 10-7686 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7686 DAVID W. WILLIAMS, Plaintiff Appellant, v. R. C. MATHENA, Warden; J. KISER, Assistant Warden; MR. BAKER, Psychologist; D. VASS, ICA Classification Director; CENTRAL CLASSIFICATION, Name Unknown; JOHN GARMIN, Regional Director; MR. FORMER, Counselor; ROD WICKER, Chaplain; MAJOR NEWBERRY, Security; CAPTAIN GAYHEART, Security; LIEUTENANT HONAKER, Security; SERGEANT RATLIFF; SERGEANT WHITE; REYNOLDS, C/O; J. VASS, Programs; MILLER, C/O, Defendants Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:10-cv-00404-jlk-mfu) Submitted: January 25, 2011 Decided: March 10, 2011 Before NIEMEYER, MOTZ, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. David W. Williams, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees Ratliff and Miller. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David W. Williams seeks to appeal the district court s order dismissing some of his claims. This 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 Corp., 337 U.S. 541, 545-46 (1949). seeks to appeal is neither a final interlocutory or collateral order. appeal for lack of jurisdiction. order The order Williams nor an appealable Accordingly, we dismiss the We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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