William Smith v. Correctional Officer Berlin, No. 14-7536 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7536 WILLIAM E. SMITH, Plaintiff - Appellant, v. CORRECTIONAL OFFICER BERLIN; CORRECTIONAL OFFICER MARCUM; CORRECTIONAL OFFICER BLANKENSHIP; CORRECTIONAL OFFICER GOODWIN; CORRECTIONAL OFFICER VANMETER; CORRECTIONAL OFFICER LAMBERT; MICHAEL CLARK, Defendants - Appellees, and WEST VIRGINIA REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY; SOUTHWESTERN REGIONAL JAIL; CORRECTIONAL OFFICER BLEVINS; CORRECTIONAL OFFICER TOOTAL; CORRECTIONAL OFFICER JANE DOE, Defendants. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, Chief District Judge. (3:12-cv-07358) Submitted: January 22, 2015 Decided: Before SHEDD, KEENAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. January 27, 2015 William E. Smith, Appellant Pro Se. Tim J. Yianne, MANNION GRAY, Charleston, West Virginia; John P. Fuller, James William Marshall, III, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: William E. Smith seeks to appeal the district court’s order granting partial summary judgment to Appellees on his 42 U.S.C. § 1983 (2012) suit. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 Smith 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 this and argument court presented would not in the aid the decisional process. DISMISSED 3

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