Timothy Walton v. Franklin County Jail Quint Overton, Sheriff Vickie Meadors, Lieutenant, and William Martin

972 F.2d 344

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Timothy WALTON, Plaintiff-Appellant,
v.
Franklin COUNTY Jail; Quint Overton, Sheriff; Vickie
Meadors, Lieutenant, Defendants-Appellees,
and William Martin, Defendant.

No. 92-6569.

United States Court of Appeals,
Fourth Circuit.

Submitted: July 20, 1992
Decided: August 6, 1992

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Chief District Judge. (CA-92-12-R)

Timothy Walton, Appellant Pro Se.

William Heywood Fralin, Jr., Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellees.

W.D.Va.

Dismissed.

Before MURNAGHAN, HAMILTON, and LUTTIG, Circuit Judges.

OPINION

PER CURIAM:

1

Timothy Walton appeals the district court's order dismissing his claims against some but not all of the Defendants in this 42 U.S.C. § 1983 (1988) action. 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 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); 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.

2

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