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  • Allen v. Angelone, 4th Cir. (2003)

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    This document is a court order dismissing an appeal in the case of John Allen v. Ron Angelone et al. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. The district court had dismissed some but not all defendants in Allen's 42 U.S.C. § 1983 civil rights case. As the district court's order was not final and did not fall under the exceptions allowing appeal of interlocutory or collateral orders, the appeals court did not have jurisdiction and dismissed the appeal. The appeals court also dispensed with oral argument as the facts and legal issues were adequately presented in the court documents.

    Original Description:

    Filed: 2003-01-27 Precedential Status: Non-Precedential Docket: 02-7678

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    This document is a court order dismissing an appeal in the case of John Allen v. Ron Angelone et al. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. The district court had dismissed some but not all defendants in Allen's 42 U.S.C. § 1983 civil rights case. As the district court's order was not final and did not fall under the exceptions allowing appeal of interlocutory or collateral orders, the appeals court did not have jurisdiction and dismissed the appeal. The appeals court also dispensed with oral argument as the facts and legal issues were adequately presented in the court documents.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    1 views2 pages

    Allen v. Angelone, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is a court order dismissing an appeal in the case of John Allen v. Ron Angelone et al. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction. The district court had dismissed some but not all defendants in Allen's 42 U.S.C. § 1983 civil rights case. As the district court's order was not final and did not fall under the exceptions allowing appeal of interlocutory or collateral orders, the appeals court did not have jurisdiction and dismissed the appeal. The appeals court also dispensed with oral argument as the facts and legal issues were adequately presented in the court documents.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7678

    JOHN ALLEN,
    Plaintiff - Appellant,
    versus
    RON ANGELONE; GENE JOHNSON, D.O.C. Operator;
    RICHARD YOUNG, Former Regional Director; LARRY
    HUFFMAN, Regional Director; PAIGE TRUE, Former
    Warden, Red Onion State Prison; J. ARMENTROUT,
    Assistant Warden, Red Onion State Prison;
    DANIEL BRAXTON, Warden, Red Onion State
    Prison; S. MULLINS, Mailroom Staff; T. PEASE,
    Mailroom Staff, Red Onion State Prison,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, District Judge.
    (CA-02-895)

    Submitted:

    January 16, 2003

    Decided:

    January 27, 2003

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Allen, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John

    Allen

    seeks

    to

    appeal

    the

    district

    courts

    order

    dismissing some but not all defendants in his 42 U.S.C. 1983


    (2000) action. 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 Allen 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 the court and argument would not
    aid the decisional process.

    DISMISSED

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