Delaney v. Marsh , 427 F. App'x 281 ( 2011 )

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 court’s
partial denial of summary judgment in this 42 U.S.C. § 1983(2006) action. 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, 545-
46 (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 court’s summary judgment order insofar as
that order determines whether or not the pretrial record sets
forth a ‘genuine’ issue of fact for trial.”). Accordingly, we
dismiss the appeal for lack of jurisdiction. We deny the
Plaintiff’s motions for appointment of counsel and 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