Michael Brown v. Cathy Johnson

U.S. Court of Appeals for the Fourth Circuit
Michael Brown v. Cathy Johnson, 585 F. App'x 204 (4th Cir. 2014)

Michael Brown v. Cathy Johnson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*205 PE.R CURIAM:

Michael W. Brown seeks to appeal a memorandum opinion and order of the magistrate judge recommending the dismissal of his civil action' pursuant to 28 U.S.C. § 1915(e) (2)(B) (ii) (2012). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 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 Brown seeks to appeal is neither a final order nor an interlocutory or collateral order subject to appeal in this court. See 28 U.S.C. § 636(b)(1) (2012); Fed.R.Civ.P. 72(a). Accordingly, we dismiss the appeal for lack of jurisdiction. As we lack jurisdiction over the appeal, we deny Brown’s motion for relief from judgment. 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
Michael W. BROWN, Plaintiff-Appellant, v. Cathy H. JOHNSON; Monta Davis Oliver, Defendants-Appellees
Status
Unpublished