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  • Javon Stephenson v. Sheriff Kenneth Stolle, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Javon Stephenson's appeal for lack of jurisdiction. The court may only hear appeals of final orders or certain interlocutory orders, but the order Stephenson sought to appeal was neither final nor appealable. Specifically, the district court had dismissed some of Stephenson's claims, granted his motion to amend his complaint to add other claims, and dismissed his Rule 60(b) motions, but this was not a final order ending the case. Therefore, the appeals court had to dismiss the appeal.

    Original Description:

    Filed: 2014-04-10 Precedential Status: Non-Precedential Docket: 13-7782

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    The United States Court of Appeals for the Fourth Circuit dismissed Javon Stephenson's appeal for lack of jurisdiction. The court may only hear appeals of final orders or certain interlocutory orders, but the order Stephenson sought to appeal was neither final nor appealable. Specifically, the district court had dismissed some of Stephenson's claims, granted his motion to amend his complaint to add other claims, and dismissed his Rule 60(b) motions, but this was not a final order ending the case. Therefore, the appeals court had to dismiss the appeal.

    Copyright:

    Public Domain
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    3 views2 pages

    Javon Stephenson v. Sheriff Kenneth Stolle, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Javon Stephenson's appeal for lack of jurisdiction. The court may only hear appeals of final orders or certain interlocutory orders, but the order Stephenson sought to appeal was neither final nor appealable. Specifically, the district court had dismissed some of Stephenson's claims, granted his motion to amend his complaint to add other claims, and dismissed his Rule 60(b) motions, but this was not a final order ending the case. Therefore, the appeals court had to dismiss the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7782

    JAVON STEPHENSON,
    Plaintiff Appellant,
    v.
    SHERIFF KENNETH STOLLE, individual and official capacity;
    SGT.
    MOORE,
    individual
    and
    official
    capacity;
    CORP.
    BENDLEY, individual and official capacity; LT. VARGAS,
    individual and official capacity; LT. ONREL, individual and
    official capacity; CORP. DRISCOLL, individual and official
    capacity,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    T. S. Ellis, III, Senior
    District Judge. (1:13-cv-00445-TSE-JFA)

    Submitted:

    March 28, 2014

    Decided:

    April 10, 2014

    Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Javon Stephenson, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Javon Stephenson seeks to appeal the district courts
    order dismissing his Fed. R. Civ. P. 60(b) motions, dismissing
    claims that were not particularized and granting his motion to
    amend his complaint to add claims under the First Amendment and
    the Religious Land Use and Institutionalized Persons Act.
    court

    may

    exercise

    jurisdiction

    only

    over

    final

    This

    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 Stephenson seeks to appeal is neither a final order nor an


    appealable interlocutory or collateral order.
    dismiss the appeal for lack of jurisdiction.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    Accordingly, we
    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.


    DISMISSED

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