Carter v. Lanham

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6354 JAMES T. CARTER, Plaintiff - Appellant, versus RICHARD A. LANHAM, SR., Former Commissioner of Correction, Division of Correction; THOMAS R. CORCORAN, Former Warden of Maryland House of Correction-Annex, Division of Correction; JAMES MURPHY, Chief of Security, Maryland House of Correction-Annex; G. J. DUCKETT, CCMSII, Institutional Transfer Coordinator, Maryland House of Correction; PAM SORENSON, Case Management Supervisor, Maryland House of Correction-Annex; MAJOR TUTHILL, Maryland House of Correction-Annex; CORRECTIONAL OFFI- CER HYLANDER, Maryland House of Correction- Annex; TYRONE CROWDER, Maryland House of Correction-Annex; CORRECTIONAL MEDICAL SERVICE, INCORPORATED, Maryland House of Correction-Annex; HOWARD COUNTY GENERAL HOS- PITAL, INCORPORATED; ROBERT B. TESTANI, DDS; DOCTOR GROJEC, Medical Department (CMS), Maryland House of Correction-Annex; DOCTOR YONAS, Medical Department (CMS), Maryland House of Correction-Annex, in their personal and official capacities for their actions under color of state law, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-99- 2543-L) Submitted: August 24, 2000 Decided: August 29, 2000 Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. James T. Carter, Appellant Pro Se. John Joseph Curran, Jr., At- torney General, Angela Michelle Eaves, Assistant Attorney General, Baltimore, Maryland; Michael Evan Blumenfeld, KRAMON & GRAHAM, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: James T. Carter appeals the district court’s order dismissing several of the Defendants in his 42 U.S.C.A. § 1983 (West Supp. 2000) action. We dismiss the appeal for lack of jurisdiction be- cause the order is not appealable. This court may exercise juris- diction only over final orders, 28 U.S.C. § 1291 (1994), and cer- tain 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 3