Wilson v. Johnson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6329 LEE O. WILSON, JR., Plaintiff – Appellant, v. GENE JOHNSON, Director of Department of Corrections; DORIS EWING, Court and Legal Supervisor; EDWARD MEEKS, Superintendent Cold Springs Work Center, Defendants – Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cv-00165-LMB-JFA) Submitted: June 24, 2010 Decided: June 30, 2010 Before DUNCAN, AGEE, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Lee O. Wilson, Jr., Appellant Pro Se. John Michael Parsons, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lee O. Wilson, Jr., seeks to appeal the district court’s order directing the parties to respond to whether Wilson’s 42 U.S.C. § 1983 (2006) claim is moot. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order Wilson 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 the court and argument would not aid the decisional process. DISMISSED 2