Opinion

Kidd v. Commonwealth of VA

Court
Court of Appeals for the Fourth Circuit
Filed
Jul 1, 1996
Status
Unpublished
Cited by
0 cases
Authority
More cited than 27.9%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6201

DAVID TERRY KIDD, JR.,

Plaintiff - Appellant,

versus

JOHN DOE; EDWARD W. MURRAY; E. C. MORRIS;

BENJAMIN R. HAWKINS; LARRY D. HUFFMAN; MR.

LAWSEN; OMBUDSMAN; JOHN B. TAYLOR; LARRY W.

JARVIS; STEVE B. HOLLAR; FAYE W. MCCAULEY; W.

E. JACK; JAMES R. THOMPSON; SCOTT MILLER; R.

HUMPHRIES, Correctional Officer; DIANE

CUBBAGE; RUSS FITZGERALD; GARY L. SANDERSON;

KATHY FRIES; LYNNE GRAHAM COX; CYNTHIA

NUCKOLS; PAT GUERNEY,

Defendants - Appellees,

and

COMMONWEALTH OF VIRGINIA; VIRGINIA PAROLE

BOARD; DEPARTMENT OF CORRECTIONS; STAUNTON

CORRECTIONAL CENTER; CIRCUIT COURT FOR THE

CITY OF WAYNESBORO; 25TH JUDICIAL DISTRICT;

MARY SUE TERRY; STEPHEN R. ROSENTHAL; PAMELA

ANNE SARGENT; CLARENCE L. JACKSON; LEWIS W.

HURST; GAIL Y. BROWNE; JOHN A. BROWN;

JACQUELINE F. FRASER; DOCTOR SADDOFF; DOCTOR

GARDELLIA; DOCTOR OZINAL; ROD G. GRIFFITH;

MARY ANN WHALEY; WENDY G. DODGE; LISA WILHELM;

DEE DEE HALL; MICHELLE WOODS; BOB CASH; JUDITH

CASH; KAYE MARSHALL; DIANE MOTLEY; THOMAS E.

ROBERTS, Clerk of Court, City of Staunton;

BRENDA MORRIS; JUDITH OWENS; JOHN ROBERT

LEWIS, JR.; MICHAEL M. CLATTERBUCK; PHILLIP

COLTRANE; WILLIAM DULL; RAY FITZGERALD; THOMAS

E. NORTHROP,

Defendants.

Appeal from the United States District Court for the Western Dis-

trict of Virginia, at Roanoke. Samuel G. Wilson, District Judge.

(CA-93-788-R)

Submitted: June 20, 1996 Decided: July 1, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Terry Kidd, Jr., Appellant Pro Se. Martha Murphey Parrish,

Assistant Attorney General, Richmond, Virginia; Joseph Ross Newell,

TIMBERLAKE, SMITH, THOMAS & MOSES, P.C., Staunton, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

2

PER CURIAM:

Appellant appeals from district court orders: (1) directing

the clerk to send a copy of Appellant's discovery request to the

Defendants' counsel; and (2) sustaining a Defendant's objection to

deposition prior to resolution of a preceding motion for summary

judgment. 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 (1988), and certain inter-

locutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R.

Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541

(1949). The orders here appealed are neither final orders nor

appealable interlocutory or collateral orders.

We 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

3

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