Christopher West v. William Byars, Jr. ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6643
CHRISTOPHER WEST, a/k/a Christopher Gearl West,
Plaintiff - Appellant,
v.
DIRECTOR WILLIAM R. BYARS, JR., in his individual and
official capacity as corrections employees SC; WARDEN
CECILIA REYNOLDS, in her individual and official capacity
as corrections employees SC; ASSOCIATE WARDEN JERRY
WASHINGTON, in his individual and official capacity as
corrections employees SC; MAJOR DARREN SEAWARD, in his
individual and official capacity as corrections employees
SC; CAPTAIN DANIEL DUBOSE, in his individual and official
capacity as corrections employees SC; SERGEANT BAKER, in
his individual and official capacity as corrections
employees SC; OFFICER CHRIS HUNT, in his individual and
official capacity as corrections employees SC; OFFICER
ROBERT BIGHAM, in his individual and official capacity as
corrections employees SC; INST. INVESTIGATOR SYLVESTA
ROBINSON, in his individual and official capacity as
corrections employees SC; NURSE LUANNE MUNGO, in his
individual and official capacatiy as corrections employees
SC; ROBERT BRYAN, in his individual and official capacity
as corrections employees SC,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:13-cv-01849-DCN)
Submitted: June 17, 2016 Decided: July 14, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Christopher West, Appellant Pro Se. Brandon Paul Jones, Daniel
Roy Settana, Jr., MCKAY, CAUTHEN, SETTANA & STUBLEY, PA,
Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Christopher West seeks to appeal the district court’s
order, accepting in part and rejecting in part the magistrate
judge’s recommendation, and granting in part and denying in part
the Defendants’ motion for summary judgment in West’s 42 U.S.C.
§ 1983 (2012) action. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2012), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2012);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The order West 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 this court and argument would not aid the
decisional process.
DISMISSED
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