Summary
distinguishing from a prior case finding no violation when a prisoner was exposed to feces due to actions of other inmates, from the case before the court where "exposure to unsanitary cell conditions [was] attributable to deliberate decisions" made by prison officials
Summary of this case from Whitmore v. W. Reg'l JailOpinion
No. 18-6386
09-21-2018
HAMMEL J. CLARK, Plaintiff - Appellant, v. DENISE GELSINGER; LIEUTENANT LARRY C. BENNETT; CO II ALICIA A. CARTWRIGHT; SERGEANT JASON A. DADDYSMAN; WARDEN RICHARD J. GRAHAM; SERGEANT THOMAS MENGES, Defendants - Appellees.
Hammel J. Clark, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:16-cv-00921-TDC) Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Hammel J. Clark, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Hammel J. Clark seeks to appeal the district court's order dismissing some, but not all, of Clark's claims in his 42 U.S.C. § 1983 (2012) complaint. 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 Clark 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