Herman Black v. Phils Grimes, No. 18-6783 (4th Cir. 2018)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6783 HERMAN L. BLACK, Plaintiff - Appellant, v. PHILS GRIMES, Superintendent; JASON MILLER, Correction Officer; BARBARA MEAD, PLN Medical Administrative, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:17-cv-00216-MHL-RCY) Submitted: September 18, 2018 Decided: September 21, 2018 Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Herman L. Black, Appellant Pro Se. Alexander Francuzenko, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Herman L. Black seeks to appeal the district court’s order dismissing without prejudice, for failure to effect service, all claims asserted against one of the three defendants named in Black’s civil complaint. 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). Because a claim against one of the defendants remains pending below, the order Black seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2