From Casetext: Smarter Legal Research

Wagner v. Johnson

United States Court of Appeals, Fourth Circuit
Feb 11, 2008
263 F. App'x 394 (4th Cir. 2008)

Opinion

No. 07-7609.

Submitted: January 18, 2008.

Decided: February 11, 2008.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:06-cv-00527).

Donald Wagner, Jr., Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, Gauhar Rehman Naseem, Duane, Hauck Gnapp, PC, Richmond, Virginia, Elizabeth Martin Muldowney, Rawls McNelis, PC, Richmond, Virginia, for Appellees.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Affirmed in part; dismissed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Donald Wagner, Jr., timely appealed an order of the district court (1) denying Wagner's motion for preliminary injunction and (2) ruling on various motions to dismiss and for summary judgment. In its order, the district court did not rule on all claims as to all defendants.

With respect to the denial of preliminary injunctive relief, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Wagner v. Johnson, No. 3:06-cv-00527 (E.D.Va. Sept. 25, 2007).

The remainder of the district court's order is neither a final order nor an appealable interlocutory or collateral order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Accordingly, we dismiss this portion of the appeal for lack of jurisdiction. 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. AFFIRMED IN PART; DISMISSED IN PART.


Summaries of

Wagner v. Johnson

United States Court of Appeals, Fourth Circuit
Feb 11, 2008
263 F. App'x 394 (4th Cir. 2008)
Case details for

Wagner v. Johnson

Case Details

Full title:Donald WAGNER, Jr., Plaintiff-Appellant, v. Gene M. JOHNSON, Director…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 11, 2008

Citations

263 F. App'x 394 (4th Cir. 2008)