Lamp v. VA Parole Board

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6971 BERNARD GREGORY LAMP, Plaintiff - Appellant, and DONALD WAYNE DAY, Plaintiff, versus VIRGINIA PAROLE BOARD, State Agency; GENE JOHNSON, Director, Virginia Department of Corrections; CAROL WALLACE, Warden; GARY GRAHAM, Operations Officer; JOHN DOES; JANE DOES, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-03-12-3) Submitted: October 9, 2003 Decided: October 21, 2003 Before LUTTIG, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Bernard Gregory Lamp, Appellant Pro Se. Jerry Walter Kilgore, Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Bernard Gregory Lamp seeks to appeal the order dismissing his 42 U.S.C. § 1983 (2000) complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Because the district court dismissed fewer than all claims of all parties in the order Lamp seeks to appeal, the order 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 the court and argument would not aid the decisional process. DISMISSED 2