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    Delaney v. Marsh, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Dr. John Marsh of the partial denial of summary judgment in a 42 U.S.C. § 1983 action. The court found it did not have jurisdiction to hear an appeal of an order that was not final and did not fall under exceptions for interlocutory or collateral orders. As such, the appeal was dismissed for lack of jurisdiction.

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    Delaney v. Marsh, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Dr. John Marsh of the partial denial of summary judgment in a 42 U.S.C. § 1983 action. The court found it did not have jurisdiction to hear an appeal of an order that was not final and did not fall under exceptions for interlocutory or collateral orders. As such, the appeal was dismissed for lack of jurisdiction.

    Original Description:

    Filed: 2011-05-04 Precedential Status: Non-Precedential Docket: 11-6059

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Dr. John Marsh of the partial denial of summary judgment in a 42 U.S.C. § 1983 action. The court found it did not have jurisdiction to hear an appeal of an order that was not final and did not fall under exceptions for interlocutory or collateral orders. As such, the appeal was dismissed for lack of jurisdiction.

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    Public Domain
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    9 views2 pages

    Delaney v. Marsh, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Dr. John Marsh of the partial denial of summary judgment in a 42 U.S.C. § 1983 action. The court found it did not have jurisdiction to hear an appeal of an order that was not final and did not fall under exceptions for interlocutory or collateral orders. As such, the appeal was dismissed for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6059

    GEORGE FREDRICK DELANEY,


    Plaintiff Appellee,
    v.
    JOHN MARSH, M.D.,
    Defendant Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Glen E. Conrad, Chief
    District Judge. (7:08-cv-00465-gec-mfu)

    Submitted:

    April 28, 2011

    Decided:

    May 4, 2011

    Before DAVIS, KEENAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Rosalie Fessier, TIMBERLAKE, SMITH, THOMAS & MOSES, PC,


    Staunton, Virginia, for Appellant.
    George Fredrick Delaney,
    Appellee Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Marsh, M.D., seeks to appeal the district courts
    partial

    denial

    (2006) action.

    of

    summary

    judgment

    in

    this

    42

    U.S.C.

    1983

    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, 54546 (1949).

    The order Marsh seeks to appeal is neither a final

    order nor an appealable interlocutory or collateral order.

    See

    Johnson v. Jones, 515 U.S. 304, 319-20 (1995) ([W]e hold that a
    defendant, entitled to invoke a qualified immunity defense, may
    not appeal a district courts summary judgment order insofar as
    that order determines whether or not the pretrial record sets
    forth a genuine issue of fact for trial.).
    dismiss

    the

    appeal

    for

    lack

    of

    jurisdiction.

    Accordingly, we
    We

    deny

    the

    Plaintiffs motions for appointment of counsel and dispense with


    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.


    DISMISSED

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