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BLANKUMSEE v. ECI (2019)

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United States Court of Appeals, Fourth Circuit.

Azaniah BLANKUMSEE, Plaintiff - Appellant, v. Ricky FOXWELL, Warden of ECI; Robert Troxell, CDM; Dale Childers, Correctional Officer; Antoinette Perry, CPT at ECI, Defendants - Appellees, Medical Department at ECI, Defendant.

No. 19-6133

Decided: April 30, 2019

Before FLOYD and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Azaniah Blankumsee, Appellant Pro Se.

Azaniah Blankumsee seeks to appeal the district court's order dismissing all but one defendant in his 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted). The order Blankumsee 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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