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    Rodney Hays v. Town of Gauley Bridge, WV, 4th Cir. (2011)

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    Rodney Hays filed a 42 U.S.C. § 1983 complaint against the Town of Gauley Bridge, West Virginia and several of its police officers. The district court granted partial summary judgment to the defendants. Hays sought to appeal this order. However, the appeals court dismissed the appeal for lack of jurisdiction because the district court's order was neither a final order nor an appealable interlocutory or collateral order. As such, the appeals court did not have authority to hear the case.

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    Rodney Hays v. Town of Gauley Bridge, WV, 4th Cir. (2011)

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    Rodney Hays filed a 42 U.S.C. § 1983 complaint against the Town of Gauley Bridge, West Virginia and several of its police officers. The district court granted partial summary judgment to the defendants. Hays sought to appeal this order. However, the appeals court dismissed the appeal for lack of jurisdiction because the district court's order was neither a final order nor an appealable interlocutory or collateral order. As such, the appeals court did not have authority to hear the case.

    Original Description:

    Filed: 2011-07-25 Precedential Status: Non-Precedential Docket: 11-1356

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    Rodney Hays filed a 42 U.S.C. § 1983 complaint against the Town of Gauley Bridge, West Virginia and several of its police officers. The district court granted partial summary judgment to the defendants. Hays sought to appeal this order. However, the appeals court dismissed the appeal for lack of jurisdiction because the district court's order was neither a final order nor an appealable interlocutory or collateral order. As such, the appeals court did not have authority to hear the case.

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    13 views3 pages

    Rodney Hays v. Town of Gauley Bridge, WV, 4th Cir. (2011)

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    Rodney Hays filed a 42 U.S.C. § 1983 complaint against the Town of Gauley Bridge, West Virginia and several of its police officers. The district court granted partial summary judgment to the defendants. Hays sought to appeal this order. However, the appeals court dismissed the appeal for lack of jurisdiction because the district court's order was neither a final order nor an appealable interlocutory or collateral order. As such, the appeals court did not have authority to hear the case.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-1356

    RODNEY E. HAYS,
    Plaintiff Appellant,
    v.
    TOWN OF GAULEY BRIDGE, WEST VIRGINIA, a West Virginia
    Municipal Corporation; WILLIAM KINCAID, individually and in
    his official capacity as Judge of the Gauley Bridge
    Municipal Court; SEAN WHIPKEY, individually and in his
    official capacity as a Town of Gauley Bridge Officer; HEATH
    WHIPKEY, individually and in his official capacity as a
    Town of Gauley Bridge Police Officer; CHARLES BURKHAMER,
    individually and in his official capacity as a Town of
    Gauley Bridge Police Officer,
    Defendants - Appellees.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston.
    John T. Copenhaver,
    Jr., District Judge. (2:09-cv-01272)

    Submitted:

    July 21, 2011

    Before NIEMEYER and


    Senior Circuit Judge.

    GREGORY,

    Decided:

    Circuit

    Judges,

    July 25, 2011

    and

    HAMILTON,

    Dismissed by unpublished per curiam opinion.

    Rodney E. Hays, Appellant Pro Se. Vaughn Sizemore,


    WYANT, PLLC, Charleston, West Virginia, for Appellees.

    BAILEY

    &

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Rodney E. Hays seeks to appeal the district courts
    order granting partial summary judgment to defendants on his 42
    U.S.C.

    1983

    (2006)

    complaint.

    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).
    to

    appeal

    is

    neither

    final

    interlocutory or collateral order.


    appeal for lack of jurisdiction.

    order

    The order Hays seeks


    nor

    an

    appealable

    Accordingly, we dismiss the

    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

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