Opinion
No. 18-6783
09-21-2018
HERMAN L. BLACK, Plaintiff - Appellant, v. PHILS GRIMES, Superintendent; JASON MILLER, Correction Officer; BARBARA MEAD, PLN Medical Administrative, Defendants - Appellees.
Herman L. Black, Appellant Pro Se. Alexander Francuzenko, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:17-cv-00216-MHL-RCY) Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Herman L. Black, Appellant Pro Se. Alexander Francuzenko, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Herman L. Black seeks to appeal the district court's order dismissing without prejudice, for failure to effect service, all claims asserted against one of the three defendants named in Black's civil 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). Because a claim against one of the defendants remains pending below, the order Black 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