Lane v. Walker

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7355 MARCUS LANE, SR., Plaintiff - Appellant, versus E. B. WALKER, Assistant Warden; MAJOR VAUGHAN, Assistant Warden; P. V. DILLARD, Captain; LIEUTENANT FERGUSON; OFFICER BANKS, K-9 Unit, Department of Corrections, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-98-236-AM) Submitted: December 16, 1999 Decided: December 22, 1999 Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Marcus Lane, Sr., Appellant Pro Se. Matthew P. Dullaghan, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Marcus Lane, Sr., appeals the district court’s order granting Defendants’ motion for summary judgment on all claims except Lane’s Fourteenth Amendment equal protection claim. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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