Butts v. Dept of Corrections

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7369 RONALD F. BUTTS Plaintiff - Appellant, versus DEPARTMENT OF CORRECTIONS; CENTRAL CLASSIFI- CATION BUREAU, Officials; DILLWYN CORRECTIONAL CENTER, Regional Director/Officials; L. W. HUFFMAN; LISA EDWARDS; J. PERUTELLI; F. S. TAYLOR; D. S. LEWIS; MS. LEHMAN; PEGGY NEWTON; DR. RAMSEY; R. A. FARMER; LIEUTENANT MASON; LIEUTENANT MOSELY; SERGEANT ZUMBRO; CORREC- TIONAL OFFICER MEINHARD; CORRECTIONAL OFFICER WATSON; J. BOWMAN, Correctional Officer; COR- RECTIONAL OFFICER BLOUNT; CORRECTIONAL OFFICER HURT; L. L. WHITE; R. FELDMAN; MS. WILCHER, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia. Jackson L. Kiser, Senior District Judge. (CA-01-161-7) Submitted: October 18, 2001 Decided: October 30, 2001 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ronald F. Butts, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ronald F. Butts appeals the district court’s order dismissing all but one of the claims in his § 1983 action. We dismiss the appeal for lack of jurisdiction because the order is not appeal- able. 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