U.S. Court of Appeals for the Fourth Circuit, 2014

Gaither v. United States

Gaither v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided March 28, 2014 · Gregory, Keenan, Wynn
563 F. App'x 242

Gaither v. United States

Opinion of the Court

Dismissed by unpublished Per Curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Nathaniel L. Gaither seeks to appeal the district court’s order denying his motions to recuse the magistrate judge, to transfer the case to a district court judge, and accepting the magistrate judge’s ruling denying his motion to compel discovery. 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 Gaither 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 this court and argument would not aid the decisional process.

DISMISSED.

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