Melvin C. Dodson v. TIMOTHY M. KAINE, Governor of the State of Virginia, sued in his official

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7229
MELVIN C. DODSON,
Movant - Appellant,
and
LARRY E. PATTERSON; ELMO A. REID, JR.; JAMES R. CLARK,
Plaintiffs,
v.
TIMOTHY M. KAINE, Governor of the State of Virginia, sued in
his official and individual capacity; JOHN W. MARSHALL,
Secretary of Public Safety of Virginia, sued in his official
and individual capacity; HELEN F. FAHEY, Chairperson of the
Virginia Parole Board, sued in her official and individual
capacity,
Defendants,
v.
DEREK T. FRITZINGER,
Movant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:08-cv-00490-JRS)
Submitted: December 21, 2010 Decided: January 4, 2011

-- 1 of 3 --

2
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Melvin C. Dodson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
PER CURIAM:
Melvin C. Dodson seeks to appeal the district court’s
order denying a Fed. R. Civ. P. 60(b) motion for reconsideration
of its prior order adopting the magistrate judge’s
recommendation and dismissing a 42 U.S.C. § 1983 (2006) civil
rights action. However, because Dodson was not a party to or an
intervenor in the § 1983 action,*
DISMISSED
he lacks standing to challenge
this order on appeal. See Davis v. Scott, 176 F.3d 805, 807-08
(4th Cir. 1999). Accordingly, we dismiss this 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.
* Dodson’s motion to join the lawsuit was denied as moot on
March 11, 2010.

-- 3 of 3 --