Thomas Stutts v. Robert Stevenson, III

U.S. Court of Appeals for the Fourth Circuit February 14, 2012

Thomas Stutts v. Robert Stevenson, III, 465 F. App'x 258 (4th Cir. 2012)

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Thomas Mitchell Stutts seeks to appeal the magistrate judge’s order denying Stutts’s motion for an extension of time. * 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., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Stutts 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 the court and argument would not aid the decisional process.

DISMISSED.

It appears that the notice of appeal was incorrectly forwarded to this court as it was directed specifically to the district court judge who presided over the case when the notice of appeal was filed.

Reference

Full Case Name: Thomas Mitchell STUTTS, Petitioner-Appellant, v. Robert M. STEVENSON, III, Warden of Broad River Correctional Institution, Respondent-Appellee, and State of South Carolina, Respondent
Status: Unpublished