UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7641 FRANK BLAKESLEE COX, III, Plaintiff - Appellant, versus DAVID ROBINSON, Warden; W. WILSON, Sergeant; LIEUTENANT JOHNSON, Watch Commander; LINDA HAGAMAN, Chief Secretary, Defendants - Appellees, and V. FITZGERALD, Nurse; B. ARCHER, Nurse; SERGEANT TAYLOR; NURSE CLAIRMOUNT; LEVESTER THOMPSON, Head Doctor, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-97-549-2) Submitted: March 25, 1999 Decided: March 31, 1999 Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Frank Blakeslee Cox, III, Appellant Pro Se. Mark Ralph Davis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Frank Blakeslee Cox, III, appeals from the district court’s order granting summary judgment in favor of some of the Defendants and denying the motion to dismiss claims against other Defendants in this 42 U.S.C.A. § 1983 (West Supp. 1998) 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 (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 deny Cox’s motion for an immediate transfer to the pro- tective custody unit at Keen Mountain Correctional Center and dis- miss 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
Cox v. Robinson
Combined Opinion