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  • Pniewski v. Martorella, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Joseph P. Pniewski regarding a district court order in his case. The district court order dismissed certain parties and claims from Pniewski's lawsuit. The Fourth Circuit found that it did not have jurisdiction over the appeal because the district court order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. Therefore, the Fourth Circuit dismissed the appeal.

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    Filed: 2005-12-01 Precedential Status: Non-Precedential Docket: 05-1475

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Joseph P. Pniewski regarding a district court order in his case. The district court order dismissed certain parties and claims from Pniewski's lawsuit. The Fourth Circuit found that it did not have jurisdiction over the appeal because the district court order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. Therefore, the Fourth Circuit dismissed the appeal.

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    Public Domain
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    40 views2 pages

    Pniewski v. Martorella, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Joseph P. Pniewski regarding a district court order in his case. The district court order dismissed certain parties and claims from Pniewski's lawsuit. The Fourth Circuit found that it did not have jurisdiction over the appeal because the district court order was not a final order and did not fall under any exceptions that would allow an interlocutory appeal. Therefore, the Fourth Circuit dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1475

    JOSEPH P. PNIEWSKI,
    Plaintiff - Appellant,
    versus
    MARJORIE MARTORELLA, individually and in her
    official capacity as special prosecutor of
    Wayne County; WAYNE COUNTY COMMISSION; WEST
    VIRGINIA PROSECUTING ATTORNEYS,
    Defendants - Appellees.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington.
    Robert C. Chambers,
    District Judge. (CA-04-354)

    Submitted: November 22, 2005

    Decided:

    December 1, 2005

    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joseph P. Pniewski, Appellant Pro Se.


    Richard Gregory McNeer,
    CAMPBELL, WOODS, BAGLEY, EMERSON, MCNEER & HERNDON, Huntington,
    West Virginia; Matthew Albert Kelly, Huntington, West Virginia;
    Steven Kenneth Nord, David E. Rich, OFFUTT, FISHER & NORD,
    Huntington, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Joseph P. Pniewski seeks to appeal the district courts
    order adopting the magistrate judges recommendation and dismissing
    the West Virginia Prosecuting Attorneys Institute from the case,
    dismissing all claims against Marjorie Martorella in her official
    capacity, and dismissing the federal claims against Martorella in
    her individual capacity.

    The case is proceeding on Pniewskis

    state law claims against Martorella in her individual capacity and


    his claims against the Wayne County Commission.
    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).

    The

    order Pniewski 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 -

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