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Lamp v. Virginia Parole Board

Citation: 78 F. App'x 278Docket: No. 03-6971

Court: Court of Appeals for the Fourth Circuit; October 21, 2003; Federal Appellate Court

Narrative Opinion Summary

Bernard Gregory Lamp's appeal of the order dismissing his 42 U.S.C. § 1983 complaint is dismissed due to lack of jurisdiction. The court clarified that it can only hear appeals from final orders or certain interlocutory and collateral orders under 28 U.S.C. § 1291 and § 1292, as well as Fed. R. Civ. P. 54(b). Since the district court's order dismissed fewer than all claims of all parties involved, it does not qualify as a final or appealable order. The court determined that oral argument was unnecessary as the relevant facts and legal issues were adequately presented in the written materials.

Legal Issues Addressed

Final Order Requirement

Application: The appeal was dismissed because the district court's order was not a final order, as it dismissed fewer than all claims of all parties involved.

Reasoning: Since the district court's order dismissed fewer than all claims of all parties involved, it does not qualify as a final or appealable order.

Jurisdiction over Appeals

Application: The court dismissed the appeal due to lack of jurisdiction, emphasizing that it can only hear appeals from final orders or certain interlocutory and collateral orders.

Reasoning: The court clarified that it can only hear appeals from final orders or certain interlocutory and collateral orders under 28 U.S.C. § 1291 and § 1292, as well as Fed. R. Civ. P. 54(b).

Oral Argument Necessity

Application: The court determined that oral argument was unnecessary as the relevant facts and legal issues were adequately presented in the written materials.

Reasoning: The court determined that oral argument was unnecessary as the relevant facts and legal issues were adequately presented in the written materials.