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    Lopez v. Young, 4th Cir. (2002)

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    This document is a court order dismissing an appeal in the case of Jose Lopez v. S.K. Young et al. for lack of jurisdiction. The court order summarizes that Lopez, a Virginia inmate, appealed a district court order that denied his request for discovery, denied a default judgment motion, and dismissed some but not all defendants in his 42 U.S.C. § 1983 civil rights claims. The appeals court found that the district court's order was not a final decision and did not fall under any exceptions, so it dismissed the appeal as interlocutory.

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    Lopez v. Young, 4th Cir. (2002)

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    This document is a court order dismissing an appeal in the case of Jose Lopez v. S.K. Young et al. for lack of jurisdiction. The court order summarizes that Lopez, a Virginia inmate, appealed a district court order that denied his request for discovery, denied a default judgment motion, and dismissed some but not all defendants in his 42 U.S.C. § 1983 civil rights claims. The appeals court found that the district court's order was not a final decision and did not fall under any exceptions, so it dismissed the appeal as interlocutory.

    Original Description:

    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-7463

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    This document is a court order dismissing an appeal in the case of Jose Lopez v. S.K. Young et al. for lack of jurisdiction. The court order summarizes that Lopez, a Virginia inmate, appealed a district court order that denied his request for discovery, denied a default judgment motion, and dismissed some but not all defendants in his 42 U.S.C. § 1983 civil rights claims. The appeals court found that the district court's order was not a final decision and did not fall under any exceptions, so it dismissed the appeal as interlocutory.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    0 views3 pages

    Lopez v. Young, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a court order dismissing an appeal in the case of Jose Lopez v. S.K. Young et al. for lack of jurisdiction. The court order summarizes that Lopez, a Virginia inmate, appealed a district court order that denied his request for discovery, denied a default judgment motion, and dismissed some but not all defendants in his 42 U.S.C. § 1983 civil rights claims. The appeals court found that the district court's order was not a final decision and did not fall under any exceptions, so it dismissed the appeal as interlocutory.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7463

    JOSE LOPEZ,
    Plaintiff - Appellant,
    versus
    S. K. YOUNG; RICHARD PHILLIPS; BUCHANAN,
    Correctional Officer; MCCURRY, R.N.; YATES,
    Major; YEARY, Counselor; BELLAMY, Correctional
    Officer;
    COLLINS,
    Sergeant;
    JACKSON,
    Correctional Officer; BERRY, R.N.; DR. OHAI;
    THOMAS, R.N.; LESTER, Lieutenant; DR. SMITH;
    BENTLEY, Sergeant; ANDERSON, Sergeant; F.
    WILLIS, Investigator; T. JOHNSON, Medical
    Director;
    BAKER,
    Counselor;
    DR.
    STATER;
    MULLINS, R.N.; BLILEY, Correctional Officer;
    KISER,
    Correctional
    Officer;
    MEDICAL
    DEPARTMENT; GRIEVANCE DEPARTMENT; R. A. YOUNG,
    Regional
    Director;
    INSTITUTIONAL
    ADMINISTRATORS, Wallens Ridge State Prison;
    FLEMINGS, Correctional Officer,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (CA-01-876)

    Submitted:

    December 16, 2002

    Decided:

    December 20, 2002

    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jose Lopez, Appellant Pro Se. Dana L. Gay, 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).

    PER CURIAM:
    Jose Lopez, a Virginia inmate, appeals the district courts
    order denying his request for discovery, denying his motion for a
    default judgment, and dismissing without prejudice his claims
    against some but not all of the Defendants on his complaint brought
    under 42 U.S.C. 1983 (2000).

    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


    (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 appealed from is neither
    a final order nor an appealable interlocutory or collateral order.
    We deny Lopezs motion to lift the district courts stay of
    proceedings pending resolution of this appeal.
    appeal as interlocutory.

    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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