Alonzo Key v. State of South Carolina

U.S. Court of Appeals for the Fourth Circuit
Alonzo Key v. State of South Carolina, 465 F. App'x 251 (4th Cir. 2012)

Alonzo Key v. State of South Carolina

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Alonzo Key seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and dismissing Defendants State of South Carolina and Aiken Police Department without prejudice from Key’s 42 U.S.C. § 1983 (2006) proceeding. 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. *252 § 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 Key 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 deny Key’s motion for a transcript at Government expense. 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
Alonzo KEY, Plaintiff-Appellant, v. SOUTH CAROLINA, State Of; Aiken City Police Department; Badge 450 Phillip S. Miano; Badge 545 Mathew Barnwell; Badge 520 Cpl Spann; Badge 159 Cpl Smith; Cpl Eagerton, Officers of Aiken Department of Public Safety, Defendants-Appellees
Status
Unpublished