Givens v. Smith

U.S. Court of Appeals for the Fourth Circuit
Givens v. Smith, 548 F. App'x 942 (4th Cir. 2013)

Givens v. Smith

Opinion of the Court

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dennis A. Givens seeks to appeal the district court’s order adopting the report and recommendation of the magistrate judge. 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 Givens seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Givens’ motion for a transcript 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 this court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Dennis A. GIVENS v. Scott R. SMITH, individually and collectively Keith C. Gamble, individually and collectively Stephen M. Fowler, individually and collectively D. Luke Furbee, individually and collectively Officer S.A. Zimmerman, individually and collectively Officer J.E. Dean, individually and collectively J.C. Weaver, a/k/a Jack C. Weaver, individually and collectively Honorable James P. Mazzone, individually and collectively Honorable Arthur M. Recht, individually and collectively Honorable Ronald E. Wilson, individually and collectively Kenneth W. Blake, individually and collectively
Status
Published