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Farabee v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 24, 2017
No. 16-7723 (4th Cir. Apr. 24, 2017)

Opinion

No. 16-7723

04-24-2017

BRIAN FARABEE, Plaintiff - Appellant, v. HAROLD CLARKE, Director of the Virginia Department of Corrections; ERIC MADSEN, Psychologist II; A. DAVID ROBINSON, Chief of Corrections Operations ("CCO"); M. CARRY, M.D., Psychiatrist; THE VIRGINIA DEPARTMENT OF CORRECTIONS, (VA DOC), Defendants - Appellees.

Brian Damon Farabee, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellees.


UNPUBLISHED

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Michael F. Urbanski, District Judge. (7:16-cv-00325-MFU-RSB) Before GREGORY, Chief Judge, and Shedd and Duncan, Circuit Judges. Dismissed by unpublished per curiam opinion. Brian Damon Farabee, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Brian Farabee seeks to appeal the district court's order denying his motion for injunctive relief by declaratory judgment. 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 that Farabee 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


Summaries of

Farabee v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 24, 2017
No. 16-7723 (4th Cir. Apr. 24, 2017)
Case details for

Farabee v. Clarke

Case Details

Full title:BRIAN FARABEE, Plaintiff - Appellant, v. HAROLD CLARKE, Director of the…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 24, 2017

Citations

No. 16-7723 (4th Cir. Apr. 24, 2017)

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