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  • Cox v. Robinson, 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Frank Blakeslee Cox, III v. David Robinson et al. The court dismissed Cox's appeal of the district court's order granting summary judgment to some defendants and denying a motion to dismiss claims against other defendants. The appeals court found that the district court's order was not a final order or otherwise appealable, as it did not resolve all claims against all parties. Therefore, the court lacked jurisdiction over the interlocutory appeal and dismissed the case.

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    Filed: 1999-03-31 Precedential Status: Non-Precedential Docket: 98-7641

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Frank Blakeslee Cox, III v. David Robinson et al. The court dismissed Cox's appeal of the district court's order granting summary judgment to some defendants and denying a motion to dismiss claims against other defendants. The appeals court found that the district court's order was not a final order or otherwise appealable, as it did not resolve all claims against all parties. Therefore, the court lacked jurisdiction over the interlocutory appeal and dismissed the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    34 views3 pages

    Cox v. Robinson, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Frank Blakeslee Cox, III v. David Robinson et al. The court dismissed Cox's appeal of the district court's order granting summary judgment to some defendants and denying a motion to dismiss claims against other defendants. The appeals court found that the district court's order was not a final order or otherwise appealable, as it did not resolve all claims against all parties. Therefore, the court lacked jurisdiction over the interlocutory appeal and dismissed the case.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED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 District 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).

    PER CURIAM:
    Frank Blakeslee Cox, III, appeals from the district courts
    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 Coxs motion for an immediate transfer to the protective custody unit at Keen Mountain Correctional Center and dismiss 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

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