Jason Nathaniel Gilmer v. DR. SMITH, Head Physician of KMCC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6739
JASON NATHANIEL GILMER,
Plaintiff - Appellee,
v.
DR. SMITH, Head Physician of KMCC,
Defendant – Appellant,
and
MR. A. WHITED, R.N.C.B. of KMCC; L. FLEMING, Warden of KMCC,
Defendants.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Norman K. Moon, Senior
District Judge. (7:14-cv-00111-NKM-RSB)
Submitted: August 20, 2015 Decided: August 25, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mary Foil Russell, HALE, LYLE & RUSSELL, PC, Bristol, Tennessee,
for Appellant. Jason Nathaniel Gilmer, Appellee Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dr. Happy Smith seeks to appeal the district court’s order
denying his motion for reconsideration in Jason Gilmer’s 42
U.S.C. § 1983 (2012) action. 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 Smith 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

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