Gevara v. Hubbard
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Jorge Gevara seeks to appeal the district court’s order adopting the recommendation of the magistrate judge to deny Gevara’s “Motion to Amend an Order to Show Cause and for an Injunction and Temporary Restraining Order and Appointment of Counsel as a Support of Any Error and Objections to the Magistrate’s Opinion & Order.” This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 837 U.S. 541, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Gevara seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Gevara’s motion for a certificate of appealability and 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 the court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- Jorge GEVARA, Plaintiff-Appellant, v. F.B. HUBBARD, Superintendent; Crutchfield, Assist. Superintendent of Programs; Debra Duncan, R.N.—Medical Administrator; C. Fields, Correctional Officer; David Ostorne, Asst. Director Prisons; Paula Y. Smith, Medical Director of Prisons; Theodis Beck, Secretary of Prisons; D. Jones Murphy, Nurse; Amy S. MacKey; Peter Keyser; Mr. Perritt, Unit Manager; T. Jones, Asst. Unit Manager; P. Bethea, Correctional Officer; Purcel, Correctional Officer; Quick, Sergeant; Miller, Sergeant; Ashe Harris, Notary Public; Director of Prisons Boyd Bennett, Defendants-Appellees
- Cited By
- 1 case
- Status
- Unpublished